The Deed of Sale with Special Power of Attorney is a specialized legal instrument used in Canadian property transactions where one party requires authorized representation for property-related matters. This document is particularly useful when sellers or buyers cannot be physically present for all aspects of the transaction, or when ongoing property matters need to be handled by a designated representative. The document must conform to provincial regulations governing both property transfers and powers of attorney, typically requiring proper witnessing, notarization, and registration. It contains comprehensive details about the property, sale terms, and specific powers granted to the attorney-in-fact, making it essential for remote property transactions, cross-border sales, or situations requiring delegated authority for property matters.
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1. Parties: Identification of the Seller (Grantor), Buyer (Grantee), and Attorney-in-fact
2. Background: Context of the transaction and relationship between parties
3. Definitions: Key terms used throughout the document
4. Property Description: Detailed legal description of the property being sold
5. Purchase Price and Payment Terms: Amount and method of payment for the property
6. Grant of Power of Attorney: Specific powers being granted to the attorney-in-fact
7. Scope of Authority: Detailed outline of what the attorney-in-fact can and cannot do
8. Representations and Warranties: Seller's declarations regarding property condition and ownership
9. Closing Conditions: Requirements to be met before the sale can be completed
10. Transfer of Title: Process and requirements for transferring property ownership
11. Execution Requirements: Formalities for proper execution of both the deed and power of attorney
12. Governing Law: Specification of applicable Canadian provincial law
13. Attestation: Witness and notarization requirements
1. Mortgage Arrangements: Include when the property has existing mortgage or new financing
2. Property Management: Include when attorney-in-fact needs property management powers
3. Tax Matters: Include when specific tax handling authority is needed
4. Insurance Requirements: Include when specific insurance arrangements are needed
5. Revocation Clause: Include when power of attorney needs to be revocable
6. Foreign Ownership Provisions: Include when buyer is a non-Canadian resident
7. Tenant Provisions: Include when property is currently leased
8. Environmental Matters: Include when environmental issues or assessments are relevant
1. Schedule A - Property Details: Comprehensive legal description of property and included fixtures
2. Schedule B - Purchase Price Breakdown: Detailed breakdown of purchase price, deposits, and payment schedule
3. Schedule C - Power of Attorney Powers: Detailed list of specific powers granted to attorney-in-fact
4. Schedule D - Property Condition Report: Current condition of property and any known issues
5. Schedule E - Required Documents: List of documents required for closing
6. Appendix 1 - Property Title Documents: Copies of current title documents and certificates
7. Appendix 2 - Property Survey: Current survey of property and boundaries
8. Appendix 3 - Identity Verification: Copies of identification documents for all parties
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