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Contract by which a natural or legal person (seller) transfers the ownership of a private portion and the share of ownership in the common portions attached thereto to another natural or legal person (purchaser) in return for financial compensation. This type of transaction is usually prepared and received before a notary and is subject to the rules of publicity of rights in the Québec Land Register.
WHAT YOU SHOULD KNOW! Any transfer of ownership of a fraction or part of a fraction must be notified in writing to the syndicate within 15 days of the publication of the deed. This legal obligation was introduced into article 1065 of the Civil Code of Quebec by Bill 16. In particular, it allows the syndicate to keep the register of co-owners up to date.
21/09/2024
In divided co-ownership, the property of the building is divided among the co-owners in the form of "fractions." Each fraction includes a clearly defined private section, such as an apartment, a parking space, a storage unit, or even sometimes a piece of land. Additionally, each fraction grants a share of the common…...
09/08/2024
The notary is a jurist with the task of public officer, who ascertains the free and informed consent of the parties. The notary also has the role of legal adviser. It therefore protects consent. The intervention of the notary is very important when purchasing an apartment in a divided co-ownership.…...
07/08/2024
I am about to buy an apartment in a newly constituted co-ownership, and the developer insists that I use the notary they have designated, even though I am the one paying the fees. This is problematic for me because I would prefer to choose a notary of my own to…...
30/03/2024
Common expenses are payable by the person who is the title owner upon receipt of the notice of assessment. However, when selling a fraction, the buyer may be required to pay with interest for all common charges owed by the seller (Article 1069 of the Civil Code of Québec). It…...
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27/03/2024
Vehicle parking within the immovable may be organized as a common portion for restricted use. Most often than not, declarations of co-ownership (constituting act of co-ownership) designate the legal status of exterior parking spaces as common portions for restricted use; this is also true for indoor parking spaces when the developer (declarant) decides that it…...
25/03/2024
Parking spaces designated as private portions are common in divided co-ownership; this specific legal status is granted to them by the declaration of co-ownership, which identifies them as fractions in the section dedicated to the description of the fractions. Similar to an apartment held in co-ownership (condominium), all parking spaces have a…...
10/12/2023
The purchase of your apartment ends with the signing of the deed of sale. As soon as all the conditions for closing the sale are met, the seller must transfer ownership to you, subject to consideration. This is where the notary comes in. His work is extremely important, as it…...
09/12/2023
Section 1719 of the Civil code of Québec states that the seller must provide the buyer with a copy of the deed of purchase, as well as with a copy of the owner history and of the certificate of location he has on hand. Prepared by a land surveyor, the…...
13/12/2010
An offer to purchase, also known as a promise to purchase, precedes any transaction relating to an existing property, as opposed to new or to be build condos, which are accompanied by a preliminary contract. The initiative of an offer to purchase is taken by a potential buyer, who will…...
02/12/2023
Once the apartment of your dreams in your price range found, the next step is to make an offer to purchase, either verbally or in writing. Although the verbal option is legally valid, it is better to formalize it in writing. L’Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) (the…...
15/10/2023
October 15, 2023- The Meeting of co-owners is a major event in the life of a co-ownership. A meeting at least once a year, it is decisive since it allows the making of major decisions that impact the lives and finances of the co-owners. The board of directors' mission is…...
26/05/2022
Le mercredi 27 avril 2022, la Webradio de Condolegal.com était entièrement dédiée au lancement de la deuxième édition de l'ouvrage Achat et vente : Tout ce qu'il faut savoir de Me Joli-Coeur. Lancé en 2014 et modifié en 2022 suite aux nombreuses réformes législatives, ce guide pratique a été mis à…...
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09/08/2022
A recent judgment of the Court of Québec, Small Claims Division, sanctioned a company and one of its directors, who also acted as real estate broker, for not allowing buyers to adequately understand an important aspect of the property sold. The building, built in 1938, had undergone major renovations for a…...
25/10/2010
The transfer of ownership will take place at the signing of the deed of sale, as well as the taking of possession which usually takes place on the same day. In return for the payment of the sum agreed to the seller, the buyer will have the full enjoyment of…...
09/08/2022
I just bought an apartment in a co-ownership. Question: Should the syndicate be provided with a copy of the deed of sale in order to file it in the registers of the co-ownership? Can it require the new co-owner to provide the said deed of sale? And if so,…...