Definition : Prior-contract

Agreement by which the parties agree on the rules under which they subsequently intend to make a commitment. The offer to purchase and the preliminary contract constitute a prior-contract. In order for there to be a transfer of the right of ownership, the deed of sale must be signed by the vendor and the purchaser. 

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30/03/2024

Offer to purchase

Venturing into the buying process might seem daunting, but it's the first step toward fulfilling your dream of homeownership. After diligent searching, you've found the perfect apartment: meticulous renovations paired with tasteful decor. This dream home, complete with a gym, panoramic terrace, swimming pool, and underground parking, is now within…...

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12/12/2023

Preliminary contract

After reaching an agreement on the conditions of sale with a builder or developer, you will be asked to sign a preliminary contract.It is compulsory only in the case of the sale of a dwelling to be occupied by a natural person, It is not compulsory for a sale to…...

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13/12/2010

What is an offer to purchase?

An offer to purchase, also known as a promise to purchase, precedes any transaction relating to an existing property, as opposed to new or to be build condos, which are accompanied by a preliminary contract. The initiative of an offer to purchase is taken by a potential buyer, who will…...

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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…...

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11/11/2023

Do I have a right to demand a certified copy of the declaration of co-ownership from the seller ?

Question:  At the time of the purchase of my condo, do I have a right to ask the seller for a certified true copy (authentic copy) of the Declaration of Co-Ownership?...

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21/08/2015

What is a preliminary contract ?

The sale of a residential immovable intended for a natural person who acquires it to live in it, whether it is built or to be built by a builder or developer, must be preceded by a preliminary contract.  Article 1785 of the Civil Code of Quebec obliges the builder to…...

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25/10/2010

Sale's price

The deed of sale must show the intent of both the seller and the purchaser. It confirms the agreements between the parties, in particular those of a financial nature. These agreements are generally written in details in the offer to purchase. Keep in mind that it is not compulsory to reproduce…...

Purchase