Purchase

Questions & Answers

17 Articles

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Deposit recovery: what are your options?

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 be able to recover this amount. This sum represents a significant portion of our savings. Question: Given this situation, what steps can we take to…...

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Sale: Request for information on co-ownership

During the sale of an apartment, we, as directors, often have to complete and provide documents to notaries and real estate brokers. Clearly, we understand that the goal is to properly inform the prospective buyer about various aspects of their purchase. We also understand that this process aims to ensure transparency and facilitate the transition for new co-owners, thereby ensuring a good understanding of our co-ownership's specificities. Questions: We seek to clarify the following points;…...

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Board of directors' obligations to a prospective buyer

As the president of the board of directors, I received a request from a real estate broker seeking full access to our contingency fund study and the building's maintenance log. This latter document compiles detailed information on maintenance procedures and work carried out in the building. These documents have never been fully shared with the co-owners, raising questions about transparency and access to information. Questions: What are our obligations towards the broker and the co-owners…...

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Purchasing in a dysfunctional co-ownership: What to Do?

I am considering purchasing a condo within a small, seemingly disorganized co-ownership of three units. There is a joint bank account with a balance of $16,000, but many aspects of management are lacking: there are no specific regulations for the building, no separate accounts for reserve funds, insurance funds, and operational funds. There is also no maintenance log. Decisions are made informally among owners without formal meeting minutes. This lack of organization makes me hesitate…...

Purchase
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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?...

Purchase
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Quelles sont les modalités à respecter pour régulariser un empiètement dans les parties communes?

Nous avons découvert, par suite de la réalisation d’un certificat de localisation d’un appartement, qu’une partie importante de celui-ci déborde sur les parties communes. Selon le notaire, qui doit procéder à la vente de cet appartement, cela a pour conséquence de créer un vice de titres pour l’ensemble des copropriétaires de notre immeuble. Questions : Quels sont le processus et les modalités à respecter lorsqu'un copropriétaire désire faire régulariser cette problématique? ...

Purchase
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Common expenses: what your real estate broker has a duty to do or say

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 this area? What advice should a real estate broker give to his client when he assists him in completing the form of the declaration of…...

Purchase
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Selling your apartment: documents to provide

Question: I want to sell my apartment. I am aware that I must provide a number of documents to the real estate broker who takes care of the sale, to the buyer in the making whose offer I will have accepted and to the  notary who is in charge of drafting the official documents of the sale. Specifically, whatare the documents to be communicated to the buyer of a co-ownership?...

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Disposal of a common-use parking area for restricted use: how to do it?

Question: I plan to purchase the exclusive right of enjoyment of a parking space (common portions for restricted use) a few months after purchasing my apartement (parking is sold directly by the developer). Do I have to go to the notary to change my deed of purchase to indicate that parking is associated with my private portion ?...

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Contingency Fund : Can I be reimbursed ?

Question:  We have accumulated significant sums for the repair of the roof, which is to take place in ten years. As part of the sale of my apartment, can I ask the buyer or the syndicate for a refund of the contributions I have paid to the contingency fund?...

Purchase
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