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Name Change Addendum (Real Estate)

Name Change Addendum (Real Estate) Template for Canada

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Key Requirements PROMPT example:

Name Change Addendum (Real Estate)

"I need a Name Change Addendum (Real Estate) for a residential property lease agreement to reflect my recent marriage, where my surname has changed from 'Smith' to 'Johnson', with the change to be effective from March 1, 2025."

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Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Real Estate

Property Management

Legal Services

Banking & Finance

Property Development

Construction

Property Investment

Municipal Services

Insurance

Relevant Teams

Legal

Real Estate Operations

Property Management

Compliance

Document Control

Contract Administration

Title & Escrow

Risk Management

Records Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Assistant

Title Examiner

Mortgage Advisor

Property Administrator

Contracts Manager

Real Estate Paralegal

Compliance Officer

Land Registry Clerk

Real Estate Broker

Property Operations Manager

Industries
Land Title Act: Provincial legislation governing the registration and transfer of real property interests, including requirements for updating property records when parties' names change
Change of Name Act: Provincial legislation that governs the process and legal requirements for changing one's name, which needs to be verified when processing name change amendments
Personal Information Protection and Electronic Documents Act (PIPEDA): Federal privacy legislation that governs how private organizations collect, use, and disclose personal information in commercial activities
Statute of Frauds: Common law requirement that certain contracts, including those involving real estate, must be in writing and properly executed
Electronic Commerce Act: Provincial legislation governing the use of electronic signatures and documents in commercial transactions, relevant if the addendum will be executed electronically
Real Property Act: Provincial legislation governing real estate transactions and the requirements for modifying existing property agreements
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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