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A form signed by the seller that describes the condition and history of the fraction to be sold (for example, year of construction, renovations and work performed, etc.) and declares to the buyer the factors that may reduce the value of the property or affect its consent. This applies, in particular, to latent or apparent defects, such as water infiltration or insulation problems, defects in the ground, a violent death such as suicide or murder, cannabis planting, etc. The seller’s declaration is completed by an acknowledgement receipt to be signed by the buyer.
WARNING ! This form is optional when the co-owner sells his property by himself and mandatory if he uses the services of a real estate broker. In this regard, the Québec real estate brokerage self-regulating organisation (OACIQ) has developed a mandatory form entitled Declarations by the seller of the immovable Divided Co-ownership. It must be used to complete the mandatory form of the exclusive brokerage contract.
01/01/2024
Dans cette capsule vidéo, Me Yves Joli-Coeur, avocat émérite, aborde un sujet essentiel pour tout acheteur de condo dans une copropriété existante : l’importance de l’inspection préachat. Selon lui, il est impératif de lier son offre d’achat à une inspection préachat. Cette démarche permet à l’acheteur de se retirer d’une…...
09/08/2022
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…...
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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…...
09/07/2020
Article 1726 paragraph 1 of the Civil Code of Quebec, provides that " The seller is bound to warrant the buyer that the property and its accessories are, at the time of the sale, free of latent defects which render it unfit for the use for which it was intended or…...
13/12/2010
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…...