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A prior-contract by which the builder of an immovable or a developer undertakes to sell to a natural person, who acquires it to occupy it himself, a dwelling immovable, built or to be build. It provides the price and the terms and conditions governing the sale and includes, under pain of nullity, obligatory clauses.
WARNING! Article 55.1 of the Charter of the French Language now provides that the preliminary contract and the information note must be written in French, unless the parties have expressly chosen to contract in another language.
19/07/2025
I am about to make a significant investment by purchasing an off plan apartment, but this decision must strictly meet specific requirements that directly impact my quality of life. Being highly intolerant to secondhand smoke, I cannot, under any circumstances, consider living in a co-ownership where smoke from neighboring units…...
17/09/2024
An obligation exists for the seller, namely that of announcing the exact size of the unit he is selling. Most buyers attach great importance to the area/price ratio of an apartment, as this is a data that will greatly influence the price offered or their decision to buy or not.…...
09/08/2024
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.…...
07/08/2024
I am about to buy an apartment in a newly constituted co-ownership, and the developer insists that I use the notary they have designated, even though I am the one paying the fees. This is problematic for me because I would prefer to choose a notary of my own to…...
01/07/2024
Most buyers attach great importance to an apartment area/price ratio. Therefore, before signing the deed of sale, take time to carefully measure the area of your unit. Discrepancies between what is shown on the plan provided at the signing of the preliminary contract, versus the actual area shown on the…...
11/05/2024
We find ourselves in a financially challenging situation and seek guidance. Two years ago, we made a 15% deposit for the purchase of an off-plan condo, which was scheduled for delivery this year. According to the terms of the contract, if we fail to meet our obligations, we will not…...
30/03/2024
You’ve finally found the apartment you’ve been searching for—the one that checks all the boxes. Thoughtfully renovated, elegantly decorated, and filled with natural light. It also comes with dream-worthy amenities: a stunning rooftop terrace for summer evenings, a pool for relaxation, a gym to stay in shape without leaving the…...
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…...
13/12/2010
For the promising buyer, the offer to purchase is a way to reserve a property on conditions that he sets himself. When signing an offer to purchase, it may be that certain aspects surrounding the sale are beyond its control. This will happen, for example, if they have to sell…...
12/12/2023
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…...
04/12/2023
When the sale concerns a fraction of a divided co-ownership of a residential immovable, the preliminary contract must be accompanied, at the time of its signature, by certain documents (such as forming with it an indivisible whole). This includes the information note on the essential characteristics of the project, whether…...
04/12/2023
The Guarantee Plan for New Residential Buildings differs from the private guarantee plans offered on the market by the nature of the guarantees offered and the mechanisms for asserting its rights. In this regard, the terms and conditions are set out in the the Regulation respecting the guarantee plan for new…...
04/12/2023
Real estate developers who are not the holders of the appropriate license for the construction of the Régie du Bâtiment du Québec may have a legal existence, be listed in the yellow pages and advertise in newspapers or on the Web. However, before signing a preliminary contract for the purchase…...
13/12/2010
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…...
11/11/2023
I am in the process of purchasing a condo and asked the seller to provide me with a copy of the declaration of co-ownership. He gave me a simple photocopy, but some pages are missing and others are barely legible. Since this document is essential to understand the building's rules,…...
10/12/2022
We have a co-owner who has to replace his bathroom vanity because of water damage that has deteriorated it. Our syndicate of co-owners is insured for this type of loss, subject to an insurance deductible of $ 2500. The co-owner is insured for improvements made to his private portion. He…...
04/06/2022
June 4, 2022 — Bill 96 (An Act respecting French, the official and common language of Québec) was adopted by the National Assembly of Québec on May 24, 2022 (Vote: 79 in favor, 29 against, 0 abstentions) and assented to on June 1, 2022. This bill amends around twenty laws…...
01/06/2021
Le mercredi 19 mai 2021, la Webradio de Condolegal.com était entièrement dédiée à un sujet complexe pour tout syndicat de copropriétaires: l'achat et la vente d'un condo. L'article 1068.1 du Code civil du Québec, issu du Projet de loi 16, obligera une plus grande transparence lors d'une transaction en copropriété.…...
21/08/2015
The signing of the preliminary contract binds the parties involved, namely you and the developer or builder. However, the law gives you a short "reflection" period, during which you can still terminate the contract unilaterally, in certain cases and in return for compensation to be paid to the promoter. This being…...
21/08/2015
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…...
21/08/2015
The preliminary contract is an important step in any purchase of new or a property to be built. At all times, the unequivocal will for the buyer to acquire the property must be registered. Although the Civil Code of Quebec specifies the mandatory content of a preliminary contract, the statements…...
13/12/2010
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…...
13/12/2010
In business as in real estate, negotiation is at the heart of any buyer's approach. Submitting an offer to purchase at a lower price than the one requested is a fair game. The promisor-buyer can thus send an offer to the seller indicating the proposed purchase price (less than the…...