The Acknowledgement Deed of Sale is a fundamental document in Canadian property law, used to formally recognize and record the completion of a property sale transaction. This document is typically prepared after the closing of a sale when all conditions have been met and the transfer of ownership is being finalized. It serves multiple purposes: providing conclusive evidence of the sale, meeting provincial registration requirements, and creating a permanent record of the transaction. The deed must comply with both federal and provincial legislation, including requirements for property transfer, land registration, and statutory declarations. It is particularly important in situations where future proof of the transaction may be needed, such as in title searches, property disputes, or tax matters. The document includes crucial details about the property, parties involved, consideration paid, and various representations and warranties, making it an essential tool in Canadian real estate transactions.
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1. Parties: Identifies and provides full legal names and addresses of the Transferor (Seller) and Transferee (Buyer)
2. Background: Brief context of the sale transaction and reference to the original sale agreement
3. Definitions: Defines key terms used throughout the deed
4. Property Description: Detailed legal description of the property being transferred, including lot numbers, plan numbers, and municipal address
5. Acknowledgement of Sale: Formal acknowledgement that the sale has been completed and ownership has been transferred
6. Consideration: Confirmation of the purchase price and acknowledgement of its receipt
7. Transfer of Title: Legal language effecting the transfer of title from seller to buyer
8. Seller's Representations: Confirmation of seller's authority to sell and good title to the property
9. Registration Consent: Consent to register the transfer in the appropriate land registry
10. Execution: Signature block with attestation requirements for all parties
11. Notarial Certification: Space for notary's or commissioner's certification and seal
1. Spousal Consent: Required when the property is or was a matrimonial home and spouse's consent is needed for the transfer
2. Corporate Authorization: Required when either party is a corporation, confirming corporate authority to execute the deed
3. Survivorship Election: Required when multiple buyers are taking title and need to specify joint tenancy or tenancy in common
4. Existing Encumbrances: Listed when the property is transferred subject to existing mortgages or other encumbrances
5. Foreign Ownership Declaration: Required when the buyer is a non-resident of Canada
6. HST/GST Certificate: Required for commercial properties or when HST/GST is applicable to the transaction
1. Schedule A - Property Description: Detailed legal description of the property including surveys, plans, and boundary descriptions
2. Schedule B - Permitted Encumbrances: List of registered encumbrances that will continue after the transfer
3. Schedule C - Corporate Resolution: Copy of corporate resolution authorizing the transaction (if applicable)
4. Appendix 1 - Property Survey: Recent survey or real property report showing property boundaries and improvements
5. Appendix 2 - Transfer Tax Forms: Required provincial land transfer tax forms and calculations
6. Appendix 3 - Title Search: Current title search showing registered interests in the property
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