Purchase

Questions & Answers

17 Articles

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Is the seller responsible for hiding the upcoming work from me?

Question: I bought my apartment 3 months ago and I just attended my first meeting of co-owners. To my great surprise, I learned that major masonry work had to be done on the building. My seller never told me about it, even though it is obvious that he must have known, since all the other co-owners present at the meeting seemed well informed. This situation worries me a lot, because this work will have a…...

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As a buyer, can i access the registry of the co-ownership ?

I am in the process of buying a condo, and I want to make sure I make an informed decision. I understand that many of the essential documents needed to properly assess the potential purchase are found in the co-ownership register. I don’t want to end up with unpleasant surprises after the purchase, so I prefer to have all the details before committing. Questions: But now, several questions come to mind: is it up to…...

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Cracks already!

I am the co-owner of a new condo. Other owners and I have recently discovered cracks in the foundation of the building, as well as water infiltration in the garage. The developer is mute, and we have not yet transferred the administration. Question: Should we refuse to elect our first Board of Directors, until the issues identified have been corrected? And should I sell immediately before other major problems arise?...

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Notary: who chooses him?

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 ensure impartiality and protect my interests. Questions:  Am I obligated to use the services of the notary designated by the developer even though I am the…...

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Deposit recovery: what are your options?

We find ourselves in a financially challenging situation and seek guidance. Two years ago, we made a 15% deposit for the purchase of an off-plan condo, which was scheduled for delivery this year. According to the terms of the contract, if we fail to meet our obligations, we will not be able to recover this amount. This sum represents a significant portion of our savings. Question: Given this situation, what steps can we take to…...

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Sale: Request for information on co-ownership

During the sale of an apartment, we, as directors, often have to complete and provide documents to notaries and real estate brokers. Clearly, we understand that the goal is to properly inform the prospective buyer about various aspects of their purchase. We also understand that this process aims to ensure transparency and facilitate the transition for new co-owners, thereby ensuring a good understanding of our co-ownership's specificities.     Questions: We seek to clarify the…...

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Board of directors' obligations to a prospective buyer

As the president of the board of directors, I received a request from a real estate broker seeking full access to our contingency fund study and the building's maintenance log. This latter document compiles detailed information on maintenance procedures and work carried out in the building. These documents have never been fully shared with the co-owners, raising questions about transparency and access to information. Questions: What are our obligations towards the broker and the co-owners…...

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Purchasing in a dysfunctional co-ownership: What to Do?

I am considering purchasing a condo within a small, seemingly disorganized co-ownership of three units. There is a joint bank account with a balance of $16,000, but many aspects of management are lacking: there are no specific regulations for the building, no separate accounts for reserve funds, insurance funds, and operational funds. There is also no maintenance log. Decisions are made informally among owners without formal meeting minutes. This lack of organization makes me hesitate…...

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Do I have a right to demand a certified copy of the declaration of co-ownership from the seller ?

Question:  At the time of the purchase of my condo, do I have a right to ask the seller for a certified true copy (authentic copy) of the Declaration of Co-Ownership?...

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Will my co-ownership be built for non-smokers ?

  I plan to buy an on plan apartment. As I am intolerant to second-hand smoke from other units, acquiring a condo in a co-ownership in which my neighbors could be smokers is out of the question. Question: How can I get assurances from the developer, that smoking will be prohibited in the private portions of the building to be built?...

Purchase
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