The Name Change Addendum (Real Estate) is a crucial document in Canadian real estate transactions when a party to an existing real estate agreement has legally changed their name. This might occur due to marriage, divorce, legal name change proceedings, or corporate restructuring. The document serves to maintain the legal continuity of property rights and obligations while updating the formal records to reflect the new legal name. It must comply with provincial property laws and land registry requirements, typically requiring supporting documentation such as marriage certificates or court orders. The addendum ensures that all parties' rights and obligations under the original agreement remain intact while preventing any potential legal complications that might arise from the discrepancy between the original and new names.
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1. Parties: Identification of all parties to the original agreement, including both their original names and new names where applicable
2. Background: Reference to the original agreement details (date, property description, registration details) and statement of the need for the name change amendment
3. Definitions: Key terms used in the addendum, including 'Original Agreement', 'Effective Date', 'Property', and relevant parties' designations
4. Name Change Declaration: Formal statement of the name change, identifying the party whose name has changed and the specific change being made
5. Legal Basis for Change: Reference to the legal documentation supporting the name change (e.g., court order, marriage certificate, etc.)
6. Confirmation of Terms: Statement that all other terms and conditions of the original agreement remain unchanged and in full force and effect
7. Execution: Signature block for all parties to acknowledge and agree to the name change amendment
1. Effective Date: Optional section specifying when the name change takes effect, if different from the date of the addendum - used when there's a specific date requirement
2. Notice Requirements: Details about notification requirements to other parties or authorities - included when there are specific notification obligations
3. Registration Details: Information about land title registration requirements - included when the property is in a jurisdiction requiring specific registration of the name change
4. Representations and Warranties: Additional confirmations about the validity of the name change - included in complex transactions or when required by financial institutions
1. Schedule A - Supporting Documentation: Copies or details of the legal documents evidencing the name change (e.g., marriage certificate, court order, statutory declaration)
2. Schedule B - Original Agreement Reference: Copy or extract of the relevant portions of the original agreement being amended
3. Schedule C - Property Description: Legal description of the property from the original agreement, if applicable
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