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 _________

The property is subject to an option to purchase __________

The property is subject to an option to lease ____________

The property is subject to a lease/option agreement __________

Liens, Charges, Encumbrances

Is there a first mortgage registered against the property? _______

If so, how much? _________

When was last payment made? _____

Can it be discharged? ________

Is there a discharge fee? _______

Can it be assumed? ________

Is there a second mortgage registered against the property? _______

If so, how much? _________

When was last payment made? _____

Can it be discharged? ________

Is there a discharge fee? _______

Can it be assumed? ________

Is there a third and/or collateral mortgage registered against the property? _______

If so, how much? _________

When was last payment made? _____

Can it be discharged? ________

Is there a discharge fee? _______

Can it be assumed? ________

Are there any liens registered against the property? ________

Are there any judgments obtained against you or any registered owner or prior owner? ___________

Are there any executions filed against you or any registered owner or prior owner? _______

Are the municipal taxes paid up to date? _______

Are there any municipal taxes outstanding from prior years? ______

Are there any municipal taxes outstanding for more than two calendar years? ___

Are there any construction liens against the property? ______

Have you had any work done at the property or in respect to the property (an improvement built offsite) over the last 45 days? _______

Property: Use, Boundaries and Limits

Is the property part of a Plan of Subdivision for the property? _______

Is there a survey of the property? _____

Does the survey show the location of the building? ________

What is the date of the survey? __________

Have you ever contracted a surveyor to prepare a survey? ______

Do you have an original (signed and sealed) survey? __________

Do you have a copy of the survey? __________

Are there any encroachments not shown on the survey? _____

Have there been additions to the building which are closer to the lot lines than the original building? _____

Have there been any improvements to the property, for example fences, garage, shed, cabana, gazebo, decks, driveways, swimming pool, pool equipment (filter, pump, heater, chlorinator), hot tub, air conditioning unit, landscaping or plantings that are any closer to the lot lines than shown on the survey? _______

Have any trees, bushes or shrubs been planted on or along the boundary lines? ___

Are there any fences constructed or erected on or along the boundary lines? _____

If so, how long have they been in place? _____

Who owns the fence? ______

Did the neighbour consent to the erection of the fence? ______

Did the neighbour contribute to the cost of the fence? _____

Does the existing fence show upon the survey? ______

Is there a municipal, telephone, cable, hydro or other easement on the property? __

Has anything been constructed on the easement by a third party (transformers etc.)?

Has anything of a permanent nature been constructed upon the easement by you or any previous owner (driveway, sidewalk, lamppost, fence)? ______

Is there a hydro pole on the property? ____

Do you own the hydro pole? _____

Do you pay a regular fee for the maintenance of the hydro pole? _____

Have you planted any trees, bushes, or other vegetation which you are planning to take with you? _____

Are you aware of any restrictive covenants affecting the property? ____

Are you in compliance with any applicable restrictive covenants? ____

When do the restrictive covenants expire? ____

Are you aware of any non-compliance of the building, any improvements upon the property, or the property itself with any municipal or governmental authority? ___

Are there presently any disputes with any of the owners or occupants of neighbouring or abutting properties over the boundaries, the location or placement of any chattel, fixture or improvement? ____

Have any issues or disputes with neighbours been resolved through agreement? ___

Do you have a copy of that agreement? ______

Is there a mutual driveway? _____

Has the mutual driveway been registered on title? _____

Do you use the mutual driveway? _____

Does the neighbour use the mutual driveway? ____

Are there any problems associated with the use of the mutual driveway? ____

Are there any objects, overhanging windows, eavestrough etc. over the mutual driveway easement, on your side? ______

Are there any objects, overhanging windows, eavestrough etc. over the mutual driveway easement, on your neighbour’s side? ______

Local Area and Municipal Issues (Zoning and Building)

The property is presently zoned as ______

Another part of the property is zoned differently as ______

Is the property in compliance with the existing zoning? ____

Is the property a part of a homeowners association which has required dues, payments, fees or other obligations?  ______

Is the property accessible by a municipal road? ______

Is the property accessible only by easement? _______

If so, is that easement registered? _______

Who pays for the maintenance of the easement? ______

What is the present actual zoning designation for the property? _____

Have you made any applications for a zoning change? ______

Have any of the neighbours within 300 feet of the property made application for a zoning change, to your knowledge? ________

Within a radius of 2 km, are there any new developments:

          Under construction?_____

          Planned for development? ______

If so, explain ______________________________________________

Are there any hydro generation facilities (water, gas, nuclear, solar, or wind turbine) planned, within 2 km over the next 5 years? ______

Within a radius of 2 km, are there any:

          Waste disposal sites? ____

          Nuclear storage facilities? ____

          Military camps, sites, facilities? ____

          Land fill sites? ____

Within a radius of 2 km, are there any:

          Elementary schools, public, separate or private? ____

          Secondary schools, public, separate or private? _____

          Colleges, Training Facilities, Universities? ______

Is the building on the property serviced by:

                   Municipal water? ____

                   Municipal sewers? ____

                   Municipal hydro? _____
         
                   cable TV? _____

                   Satellite TV? _____

Environmental Issues

Is the property subject to the jurisdiction of any Conservation Authority? ____

Is the property subject to flooding, pooling or the presence of water from natural sources? _____

Are there any restrictions concerning drainage of water on the property or by the neighbours? ____

Are there any restrictions concerning drainage of water onto the property from the neighbours? ____

Have there been any changes to the drainage on the property over the last 10 years? _____

Have there been any changes to the drainage by the neighboring properties over the last 10 years? _____

Have there been any hard surface materials placed or erected upon the property over the last 10 years (additions, decks, driveways)? ____

Have there been any significant below surface installations constructed upon the property over the last 10 years (basements, swimming pools, French drains)? ____

Are there any below the surface items, including:

          Buried oil tanks? ____

          Buried swimming pools? _____

          Buried construction materials? _____

          Septic system? ______

          Former septic system? _____

          Well in use? ____

          Well, not in use? _____

          Foundations of buildings, now removed? ______

Has the basement leaked water from the outside? _____

Has there been a sewer backup? _____

Has there been water damage for which an insurance claim was submitted? ____

Has there been any repair, renovation, or rectification of water damage (with or without an insurance claim)? _____

Were there ever any repairs made due to water damage from any source whatsoever (outside building, sewer backup, leaks in plumbing, overflowing water inside premises)? _____

Have there been any soil, building or property contamination issues due to:

                   Toxic substances? _____

                   Radon gas? _____

                   Underground oil tanks? ____

                   Underground gas tanks? ____

If so, provide particulars? _________________________________

Have any of the properties within 300 feet been used as a gas station or a commercial cleaners in the last 20 years? _____

Is the soil, ground, or surface of the property graded away from the building? ____

Have any changes or improvements been made to the grading over the last 10 years? ______

Has there been any evidence of soil erosion over that last 5 years? ____

If so, have any remedial measure been undertaken? ____

Is the building(s) heated by fuel oil? _____

What is the age of the tank? _____

Is it located above ground? ______

Is it located below the ground? _____

Has it been inspected? _____

When was it inspected? ____

Is there a compliance report available? ______

Has the building been used to grow marihuana within the last 10 years? ____

Has the building been used to grow any illegal substance within the last 10 years? ____

Has the property been used to grow marihuana within the last 10 years? ____

Has the property been used to grow any illegal substance within the last 10 years? ____

Has the building been used to grow flowers or any kind of plant within the last 10 years? ____

Has the building been used to grow flowers or any kind of plant within the last 10 years? ____

Has the building or the property been used to develop any kind of legal or illegal chemicals (including a meth lab) within the last 10 years? _____

Building Construction, Permits, Approvals

How long has the present building been situate upon the property? ____

Who was the builder? ____

Was a building permit obtained? ____

Do you have a copy of the plans? ____

Did the municipality ever conduct a final inspection? ____

Was a final certificate of inspection issued? ____

Do you have a copy? _____

Is there a swimming pool? ____

          Permit? ____

          Approval? ____

          Copy? ____

Is there a deck attached to the house? ____

          Permit? ____

          Approval? ____

          Copy? ____

Is there a separate building for the garage? ____

          Permit? ____

          Approval? ____

          Copy? ____

Is there an outdoor building, sufficient in size to require a permit? ____

          Permit? ____

          Approval? ____

          Copy? ____

How old is the roof on the building? ____

Has the roof material been replaced? ____

When? ___

What type of electrical system is present? ____

Voltage? ____

Recent Inspection? ____

Was there ever Knob and tube wiring? ____

Is it still operational? ____

Has it been decommissioned? _____

When? ____

Is there a copy of the invoice? _____

Was aluminum wiring ever part of the electrical wiring?

Has it been inspected? ____

Has it been remediated? ____

When? ____

Is there a copy of the invoice? _____

Is the plumbing system operational? ____

Are the input pipes all copper? ____

Are any of the input pipes: galvanized metal, lead or plastic? ____

How old is the heating system? _____

Has the furnace been replaced? ____

What is the age of the furnace? ____

Does the furnace use oil for fuel? ____

Does the furnace use gas for fuel? ____

Does the furnace use propane for fuel? ____

Is it under warranty by the installer or by the manufacturer? ____

Have any changes been made to the ventilation system? ____

Have the air ducts been cleaned? ____

If so, when? ____

Does the building contain a central air conditioning system? ____

How old is the system? _____

Does the system use the same air ducts as the furnace? ____

Has the central air conditioning been replaced? ____

What is the age of the central air conditioning? ____

Is it under warranty by the installer or by the manufacturer? ____

General Issues

Are there any matters out of the ordinary that effect, or concern or are related to the property in any way? _____

Have you been told that the property is haunted? ____

Has the property been featured in any newspaper articles? ____

Have the neighbouring properties been featured in any newspaper articles? ____

Have there been any crimes committed, on the property? _____

Have there been any crimes committed on any of the adjoining properties? ____

Has there been a murder on the property? ____

Has there been a suicide on the property? ____

So, that’s a rough “working document “ for material facts.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

Leave a Reply

Your email address will not be published.