Definition : Notary

A professional , member of the “Chambre des notaires du Québec” (Québec Chamber of Notaries), that a person may consult to obtain legal advice. He is also a public officer. As such, the notary has without limitation the mission of executing deeds to which the parties wish or are required to endow with authenticity (such as  a declaration of co-ownership).

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22/06/2024

Correcting a clerical error in a declaration of co-ownership

I discovered an error in our declaration of co-ownership. Specifically, the lot number of one of the units is omitted in the description of the fractions, although it is correctly mentioned elsewhere in the declaration of co-ownership, notably in the table of relative values. As a director of our co-ownership,…...

Syndicate
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09/06/2024

Fusion and modifications of private portions

Sometimes, co-owners of contiguous private portions wish to modify the boundaries of their private portions. For example, if one of the two co-owners wishes to enlarge their apartment by incorporating part of the adjacent unit, specific procedures are necessary. Similarly, when a co-owner wishes to merge two units they own…...

Your Rights

21/08/2015

Making down payments with the preliminary contract

Building a condominium requires major investments on the part of a developer. This is the reason why a down payment will be required upon signing the preliminary contract for the desired condo unit. The Civil Code of Quebec provides that “any amount paid on the occasion of a promise of sale is…...

Purchase
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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

12/02/2024

Me Marie-Claude Leblanc, associate notary

Since 1992, Me Marie-Claude Leblanc, a highly experienced notary, has distinguished herself for her excellence in the specific fields of real estate and co-ownership law, where she has brought notably extensive and in-depth expertise to her professional practice. Her adeptness at addressing the intricate details of legal documentation and transactional…...

Your Rights

11/01/2024

Updating declaration of co-ownership

The interpretation of a declaration of co-ownership during a general meeting of the co-owners is sometimes problematic. If, moreover, it has been published before the coming into force of the Civil Code of Québec, in 1994, things can get dicey. In order to avoid potential conflicts between co-owners, caused by…...

Syndicate

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
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23/11/2023

Notary

The notary is a jurist with the task of public officer, who ascertains the free and informed consent of the parties. The notary also has the role of legal adviser. It therefore protects consent. The intervention of the notary is very important when purchasing an apartment in a divided co-ownership.…...

Purchase

10/12/2023

Deed of sale

The purchase of your apartment ends with the signing of the deed of sale. As soon as all the conditions for closing the sale are met, the seller must transfer ownership to you, subject to consideration. This is where the notary comes in. His work is extremely important, as it…...

Purchase

21/10/2023

Buyer's Guide: What You Need to Know So You Don't Delay the Transaction

October 21, 2023- Buying or selling a condo requires a lot of planning. The dates of signing the transaction and taking possession are an integral part of it. Indeed, a delay in the scheduled date has logistical and monetary implications that can be significant for both buyers and sellers....

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
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09/08/2022

Notary: who chooses him?

Question: Am I obliged to use the services of the notary appointed by the developer when I am the one who pays for it? What are the rules that apply in this area: who chooses the notary instrumenting the sale? Is it the seller? Is it the buyer? Do we…...

Purchase