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When purchasing a new recently built condo or buying “off plan”, you will be compelled to sign a preliminary contract with the vendor (developer or builder). Before signing this contract you should insist that it provides a condition giving you the opportunity to carry out a due diligence to obtain all the relevant information you will need to make a rational decision. .Even in this day and age only a handful of consumers go through…...
The offer to purchase is an important step in any real estate purchase. The Civil Code of Québec does not exhaustively specify the mandatory content ofan offer topurchase. However, the unequivocal will for the buyer to acquirethe property must be registered. Tobe valid, it must include a certain number of mandatory information, under penalty of nullity. The main mentions are the names and contact details of the parties involved, the identity of the targeted building…...
In 1999, the Government of Quebec introduced a Regulation respecting the guarantee plan for new residential buildings to protect the owners of new homes and certain condominiums. This regulation, prepared in the wake of the government guidelines proposed at the Summit on the Construction Industry in Quebec in the fall of 1993, was intended to respond to consumers' concerns about the too often dubious quality of construction in the residential sector and the many frustrations they…...
When the sale of immovable property goes through the notary, the latter must ensure, as a public officer, the proper execution of the contract, while giving him the necessary legal certainty. Because of its particular effects under the law, the notarial deed has much more stringent requirements and formalities than those applicable to an ordinary document. In this regard, section 43 of the Notaries Act prescribes that: " A notary shall, by all reasonable means,…...
Extrait de l'émission L'après-midi porte conseil du 20 décembre 2011 diffusée à la première chaîne de Radio-Canada....
Even after the transfer of ownership, the buyer benefits from several guarantees. Unless otherwise stated, the sale of a building is subject to a basic guarantee, generally called the "legal guarantee". This guarantee exists by the sole effect of the law, that is to say without it being necessary to provide for it in the contract. Under article 1716 of the Civil Code of Quebec, the legal guarantee has two components, namely the guarantee of the right…...
Optional guarantee plans are sometime offered, for buildings not covered by the Guarantee plan for new residential buildings (compulsory guarantee plan). This form of guarantee is intended for those buildings comprising five or more superimposed private portions , and buildings renovated and converted into co-ownership (such as: abandoned factories, schools and churches). The optional guarantee plans are managed by the “APCHQ”, the “ACQ” and the “APECQ”. The rules governing these guarantee plans are quite different from…...
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By buying an apartment in a co-ownership, you will most likely invest the largest amount of money of your life. In order to avoid being caught off guard during the steps prior to this acquisition, you will need to be well accompanied. After finding the condo that suits you, the first thing to do is to appreciate the condition, as well as that of the building that houses it. Remember that the acquisition of an…...
Until December 31, 2014, the mandatory warranty plan was administered by various organizations associated with the builders' associations, namely The APCHQ's New Home Warranty, The Abritât Guarantee Inc. and Qualité Habitation. In order to eliminate any appearance of conflict of interest, the Regulation respecting the guarantee plan for new residential buildings has been amended. Thus, the government constituted a regulatory framework allowing the creation of a new single joint body in this area, which would be…...
Acoustic comfort is an important element for the quality of life of the occupants of an apartment building. However, it is recognized that noise is one of the most common nuisances in co-ownership. Many disputes between co-owners arise from the noise generated by each other. This bone of contention generates several disputes. To be honest, the proper sound insulation of apartments is one of the main components to watch out for while shopping for a…...
