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For the promising buyer, the offer to purchase is a way to reserve a property on conditions that he sets himself. When signing an offer to purchase, it may be that certain aspects surrounding the sale are beyond its control. This will happen, for example, if they have to sell their principal residence before buying, or if they need to get a mortgage before acquiring the new property. To this could be added another imponderable,…...
When you buy a unit in divided co-ownership, you do not only acquire an apartment. You also join a group of co-owners responsible for the accounts to be paid to maintain and preserve the building. It is therefore important to be careful and to check, upstream, the financial statements and the good management of the syndicate. To get a clearer picture, the two basic questions to ask are: Have the directors put in place an…...
Co-ownership is a collective property in which the co-owners have a right of ownership over their respective fraction: each co-owner has an undivided right to the common portions while he will have an exclusive right of ownership over his private portion. This is how you purchase an apartment in a building in divided co-ownership, you become the owner of your dwelling (private portion), but also owner of an undivided part of the building called common…...
The offer to purchase usually indicates a period during which the seller can accept or refuse it. It is essential to attach a period of acceptance and notification to the offer to purchase. This period is equivalent to the period of time during which this offer to purchase will remain valid. The seller can then accept or refuse it. Failing to include this period in the offer to purchase, the Civil Code of Quebec provides that it…...
To allow you to know exactly what you are purchasing, your vendor must act in good faith at all times. In this regard, Article 1375 of the Civil Code of Quebec imposes a true moral code to the parties. It provides that: “The parties shall conduct themselves in good faith both at the time the obligation arises and at the time it is performed or extinguished.” Thus, the vendor is compelled to give to you,…...
At the signing of the deed of sale before the notary, an authentic copy of the declaration of co-ownership must be remitted to you.In order to maintain the stability of this contractual framework, every purchaser undertakes, by signing his deed of purchase, to abide to the declaration of co-ownership and the by-laws of the immovable adopted and filed in the register of the co-ownership. The purchaser is thus bound by the declaration of co-ownership, even…...
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In business as in real estate, negotiation is at the heart of any buyer's approach. Submitting an offer to purchase at a lower price than the one requested is a fair game. The promisor-buyer can thus send an offer to the seller indicating the proposed purchase price (less than the asking price) as well as suspensory conditions. When the owner-seller receives it, he may, within the time limit set in the offer, accept it as presented…...
When selling an immovable, the buyer is required to pay with interest on all common expenses owed by the seller (article 1069 of the Civil Code of Quebec). The syndicate will then be able to claim sums from him that he never thought he would have to pay. However, if a request concerning the statement of common expenses has been sent to the syndicate (before the final sale), either by the notary or by the…...
Before buying the apartment of your dreams, find out about the status of the common expenses associated with it, especially those that may have remained unpaid by the seller. Common expenses, better known as " condo fees", which you will have to pay once you become a homeowner, are an essential component to consider. They correspond to the current expenses that you will have to pay regularly for the operation, the administration of the co-ownership and…...
