It is important in a real estate transaction to be armed with the facts. Material facts are those facts which will be important to a person buying or selling real estate.
So, here’s a partial checklist which may be of some interest. It covers just the “ownership and occupation facts”. Naturally, there are others facts which would be material under other topics.
This document is intended to be a “checklist” for the listing agent. It is not a document to be signed by the seller. The agent will make careful notes such as including appropriate responses: yes, no, I don’t know, or not applicable.
Afterwards, the agent will determine which matters require investigation or verification.
Material Fact Disclosure
Occupation and Ownership
- I have occupied the property since _________________
- I bought the property on ________________
- The registered owners of the property are ______________________
- The property is held as joint tenants by ________________
- The property is held as tenants-in-common by_____________
- No other person has an ownership interest in the property
- The property is not being held in trust for anyone _______
- The property is being held in trust for ___________________
- I am authorized to act since I hold a Power of Attorney for _______
- I am authorized to act since I am the appointed Estate Trustee for _______
- I am authorized to act since I am the Estate Trustee with a Will for _______
- I am married to ____________
- We were legally married on __________________
- The property is a matrimonial home ___________
- The property is not a matrimonial home__________
- My spouse claims an interest in the property as a matrimonial home
- My spouse claims an interest in the property as a co-contributor _______
- My spouse claims an interest in the property as a joint venturer________
- I reside in a conjugal relationship with _______________
- That relationship commenced approximately ______________
- Our relationship is often referred to as a common law marriage ___________
- My conjugal relationship partner is not claiming an interest in the property_____
- My legal spouse/conjugal relationship partner has not occupied the property since _________
- The property is freehold _____________
- The property is a condominium _________
- The property is freehold that includes an interest in a common elements condominium _____________
- The property is a leasehold interest _________
If you have any other questions, comments or suggestions to add to this checklist please let me know?
Brian Madigan LL.B., Broker