Definition : Real estate broker

A professional authorized by “l’Organisme d’autoréglementation du courtage immobilier du Québec"  (OACIQ) - the Québec Real Estate Brokerage Self-Regulating Body - to act personally as an intermediary for the purchase, sale, exchange or leasing of real estate property. He can act on his own account or for a real estate agency. He holds a permit issued by the OACIQ, the real estate and hypothecary brokerage authority in Québec. This body’s primary mission is to protect and assist the public by overseeing sound practices on the part of real estate  whose activities are governed by the Real-Estate Brokerage Act.

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05/04/2024

Practical guide to buying in co-ownership

On Wednesday April 10, 2024, from 7:00 p.m. to 8:00 p.m., we gathered for a Condolegal webradio where we dealt with issues relating to co-ownership transactions, a notable challenge in the residential real estate sector....

Purchase
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09/03/2024

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…...

Purchase

17/12/2023

Missing Parking: A Real Estate Broker and a Notary Held Responsible

December 17, 2023 — In a judgment of the Court of Québec, the Honourable Louise Lévesque recalled the respective duties of a real estate broker and a notary during a transaction involving parking spaces in a divided co-ownership. First of all, it should be remembered that the legal status of…...

Purchase

13/12/2023

Pre-purchase inspection

Buying an apartment in a co-ownership is a major investment in a lifetime. 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 apartment, the first thing to do is to appreciate the condition of…...

Purchase

06/12/2023

Real-estate broker

Seeking the services of a real-estate broker, who was formerly referred to as a real estate agent, is not mandatory. However, unless you are able to assume the purchase and / or sale of a fraction of a building held in divided co-ownership by yourself, which will require ample time as…...

Purchase

04/12/2023

Delays for the offer to purchase

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…...

Purchase
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02/12/2023

Making an offer to purchase

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…...

Purchase
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14/11/2023

Webradio from November 15, 2023: Purchase-sale in co-ownership

The web radio of November 15, 2023 focused on the challenges surrounding buying and selling in co-ownership. Remember that article 1068.1 of the Civil Code of Québec, resulting from Bill 16, will in the near future require greater transparency during a co-ownership transaction. The attestation document provided for in this article will…...

Purchase

13/03/2023

Inspection en bâtiment, rôle, devoirs et obligations du courtier immobilier

9 mars 2023 - Une des étapes importantes lors d’une transaction immobilière est évidemment l’inspection en bâtiment. Plusieurs personnes y ont intérêt mais aucune plus qu’un acheteur. Après l’inspection, l’acheteur reçoit le bilan de santé de l’immeuble qu’il projette d’acquérir. Regardons maintenant qui fait quoi et le cadre applicable....

Purchase

30/01/2023

Recent changes to the representation of a client in real estate brokerage

January 27, 2023 – In the summer of 2022, the Government of Quebec not only banned dual representation but since then also requires a broker who accompanies a buyer without a contract, to denounce him with more transparency that he does not represent him and that rather, he represents only the…...

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09/08/2022

Common expenses: what your real estate broker has a duty to do or say

I want to know how the condo fees (common expenses) appearing in the ads of real estate agencies are established. These are not constant and put a doubt in the minds of those who want to buy in condominiums. Question: Is there a uniform directive in real estate agencies in…...

Purchase

14/11/2021

Achat en copropriété : la transaction notariale expliquée

L'Association professionnelle des courtiers immobiliers du Québec publiait en octobre 2021 des données indiquant une hausse significative du nombre de ventes de copropriétés (+ 13%) ainsi que du prix médian (+ 21%) par rapport à 2020 dans la province de Québec. Cette frénésie immobilière apportait ainsi son lot de défis pour les potentiels…...

Purchase

09/08/2022

Disclosure obligations of the seller and the real estate broker

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…...

Purchase

13/12/2010

Declaration of the seller

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…...

Purchase