Teranet Manitoba doesn’t take a position on who must complete which portions of the transfer smart form. As designed, the transferor portion of the form must be completed and locked before the transferee portion can be generated. However, if the parties agree, the transferee’s lawyer can complete the transferor content.
Key Considerations
- Form Locking: Once the transferor content pages have been locked, they cannot be unlocked. Care is needed when filling out these sections.
- Responsibility: Regardless of who completes the form, the transferor is responsible for ensuring the information provided in the transferor content pages is accurate and complete before they sign the form.
Suggested Approach
- Complete the Transferor Pages: The transferee’s lawyer can fill out the transferor portion if agreed upon by both parties.
- Lock the Form and Generate the Transferor Signature Page: Ensure the transferor pages are correct before locking.
- Generate the Transferee Portion of the Form: After locking the transferor pages, generate the transferee section.
- Complete the Transferee Pages: The transferee’s lawyer completes the transferee section.
- Double-Lock the Form and Generate Transferee Signature Pages: Lock the entire form and generate the necessary signature pages.
- Transferee Signs the Transferee Signature Pages: The transferee signs their portion.
- Send the Form and Signed Transferee Pages to the Transferor's Lawyer: Transfer the documents for review.
- Transferor’s Lawyer Reviews and Ensures Accuracy: The transferor’s lawyer checks the information in the transferor content pages.
- Transferor Signs the Transferor Signature Pages: Once verified, the transferor signs their portion.
- Submit for Registration: The completed document is submitted for registration.