Brian Madigan’s “Material Facts” Disclosure CHECKLIST

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

  1. I have occupied the property since _________________
  2. I bought the property on ­­­­­­­­­­­­­­­­­­­­­________________
  3. The registered owners of the property are ______________________
  4. The property is held as joint tenants by ________________
  5. The property is held as tenants-in-common by_____________
  6. No other person has an ownership interest in the property
  7. The property is not being held in trust for anyone _______
  8. The property is being held in trust for ___________________
  9. I am authorized to act since I hold a Power of Attorney for  _______
  10. I am authorized to act since I am the appointed Estate Trustee for  _______
  11. I am authorized to act since I am the Estate Trustee with a Will for  _______
  12. I am married to ____________
  13. We were legally married on __________________
  14. The property is a matrimonial home ___________
  15. The property is not a matrimonial home__________
  16. My spouse claims an interest in the property as a matrimonial home
  17. My spouse claims an interest in the property as a co-contributor _______
  18. My spouse claims an interest in the property as a joint venturer________
  19. I reside in a conjugal relationship with _______________
  20. That relationship commenced approximately ______________
  21. Our relationship is often referred to as a common law marriage ___________
  22. My conjugal relationship partner is not claiming an interest in the property_____
  23. My legal spouse/conjugal relationship partner has not occupied the property since _________
  24. The property is freehold _____________
  25. The property is a condominium _________
  26. The property is freehold that includes an interest in a common elements condominium _____________
  27. 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

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