The Seller Affidavit is a fundamental document in Canadian real estate transactions, designed to protect all parties involved by providing sworn statements about the property being sold. This document becomes necessary during the due diligence phase of property transactions, where the seller must make formal declarations under oath about various aspects of the property. The affidavit typically includes statements about ownership history, property condition, outstanding liens, occupancy status, and compliance with local regulations. Required by many Canadian jurisdictions, the Seller Affidavit helps prevent fraud, ensures transparency, and provides legal recourse if any declarations prove false. The document must comply with both federal legislation governing sworn statements and provincial real estate laws, making it a crucial tool for risk mitigation in property transactions.
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1. Opening Declaration: Formal opening stating the seller's name, address, and that they are making statements under oath
2. Property Identification: Detailed description of the subject property, including legal description and municipal address
3. Ownership Verification: Declaration of current ownership status, including how and when the property was acquired
4. Title Status: Statements regarding the clear title of the property and absence of undisclosed liens or encumbrances
5. Property Condition: Declarations regarding the known physical condition of the property and any material defects
6. Occupancy Status: Statements about current occupancy, tenancies, and any lease agreements
7. Utilities and Services: Declarations regarding utility connections, services, and any outstanding bills
8. Legal Compliance: Statements regarding compliance with zoning laws, building codes, and permits
9. Closing Declaration: Final sworn statement affirming all declarations are true and acknowledgment of legal consequences for false statements
1. Bankruptcy Declaration: Optional section declaring no pending bankruptcy proceedings, used when required by jurisdiction or buyer
2. Environmental Matters: Declarations regarding environmental conditions, used when property has potential environmental concerns
3. Construction History: Details of any construction, renovations, or improvements, used for properties with recent work
4. Property Tax Status: Declarations regarding property tax payments and assessments, used when tax verification is specifically required
5. Marital Status Declaration: Statement regarding marital status and spouse's rights, used when required by provincial law
6. Indigenous Lands: Declarations regarding Indigenous land rights or claims, used when property is in or near Indigenous territories
1. Schedule A - Property Legal Description: Detailed legal description of the property if too lengthy for main document
2. Schedule B - Property Survey: Reference to or copy of current property survey
3. Schedule C - Title Documents: List of relevant title documents and registrations
4. Schedule D - Permits and Certificates: List of relevant building permits, certificates of occupancy, or other official documents
5. Appendix 1 - Supporting Documents: List of any additional documents referenced in the affidavit
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Legal Services
Banking and Finance
Construction
Property Development
Property Management
Insurance
Professional Services
Public Administration
Relevant Teams
Legal
Real Estate
Property Management
Transactions
Compliance
Risk Management
Documentation
Title and Escrow
Closing Operations
Administrative Support
Relevant Roles
Real Estate Lawyer
Property Lawyer
Real Estate Agent
Real Estate Broker
Title Officer
Legal Assistant
Paralegal
Property Manager
Mortgage Officer
Conveyancing Clerk
Real Estate Transaction Coordinator
Closing Coordinator
Legal Document Specialist
Real Estate Administrator
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