42 Articles
Acoustic comfort is an important element for the quality of life of the occupants of an apartment building. However, it is recognized that noise is one of the most common nuisances in co-ownership. Many disputes between co-owners arise from the noise generated by each other. This bone of contention generates several disputes. To be honest, the proper sound insulation of apartments is one of the main components to watch out for while shopping for a…...
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 in the deed of sale, all the terms and conditions of the offer to purchase. This is the reason why the deed of sale generally…...
By buying an apartment in a co-ownership, you will most likely invest the largest amount of money of your life. 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 condo that suits you, the first thing to do is to appreciate the condition, as well as that of the building that houses it. Remember that the acquisition of an…...
The transfer of ownership will take place at the signing of the deed of sale, as well as the taking of possession which usually takes place on the same day. In return for the payment of the sum agreed to the seller, the buyer will have the full enjoyment of the property sold. In addition, during the transfer of ownership, the seller transfers all the risks associated with the building. In this regard, the deed…...
Optional guarantee plans are sometime offered, for buildings not covered by the Guarantee plan for new residential buildings (compulsory guarantee plan). This form of guarantee is intended for those buildings comprising five or more superimposed private portions , and buildings renovated and converted into co-ownership (such as: abandoned factories, schools and churches). The optional guarantee plans are managed by the “APCHQ”, the “ACQ” and the “APECQ”. The rules governing these guarantee plans are quite different from…...
Extrait de l'émission L'après-midi porte conseil du 20 décembre 2011 diffusée à la première chaîne de Radio-Canada....
When the sale of immovable property goes through the notary, the latter must ensure, as a public officer, the proper execution of the contract, while giving him the necessary legal certainty. Because of its particular effects under the law, the notarial deed has much more stringent requirements and formalities than those applicable to an ordinary document. In this regard, section 43 of the Notaries Act prescribes that: " A notary shall, by all reasonable means,…...
In 1999, the Government of Quebec introduced a Regulation respecting the guarantee plan for new residential buildings to protect the owners of new homes and certain condominiums. This regulation, prepared in the wake of the government guidelines proposed at the Summit on the Construction Industry in Quebec in the fall of 1993, was intended to respond to consumers' concerns about the too often dubious quality of construction in the residential sector and the many frustrations they…...
The offer to purchase is an important step in any real estate purchase. The Civil Code of Québec does not exhaustively specify the mandatory content ofan offer topurchase. However, the unequivocal will for the buyer to acquirethe property must be registered. Tobe valid, it must include a certain number of mandatory information, under penalty of nullity. The main mentions are the names and contact details of the parties involved, the identity of the targeted building…...
When purchasing a new recently built condo or buying “off plan”, you will be compelled to sign a preliminary contract with the vendor (developer or builder). Before signing this contract you should insist that it provides a condition giving you the opportunity to carry out a due diligence to obtain all the relevant information you will need to make a rational decision. .Even in this day and age only a handful of consumers go through…...