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The Certificate attesting to the condition of the immovable held in co-ownership is no longer a simple practical tool. It is now a mandatory and enforceable legal document, with its minimum content set by government regulation (art. 10). The choice of the word “minimally” is revealing: it establishes a baseline threshold, while allowing the syndicate to enhance the attestation — something not only possible, but often desirable. Producing this document requires rigor, accuracy, and full transparency.…...
The certificate on the status of the co-ownership is an essential legal and practical document in the context of a real estate transaction involving a divided co-ownership. Its purpose is to provide the prospective buyer with a faithful and comprehensive picture of the financial, legal, and administrative situation of the syndicate, thereby enabling the buyer to make an informed decision. However, due to the sensitive nature of the information it contains, this certificate cannot be…...
The real estate broker plays a central role in a divided co-ownership transaction. Acting as an intermediary between the parties, the broker must not only assist their client in the sale or purchase process but also ensure that the information provided is reliable and complete. Their responsibility has taken on greater importance since the introduction of article 1068.1 of the Civil Code of Québec, which requires the syndicate to provide a Certificate attesting to the…...
Before buying the apartment of your dreams, find out about the status of the common expenses associated with it, especially those that may have remained unpaid by the seller. Common expenses, better known as " condo fees", which you will have to pay once you become a homeowner, are an essential component to consider. They correspond to the current expenses that you will have to pay regularly for the operation, the administration of the co-ownership and…...
When selling an immovable, the buyer is required to pay with interest on all common expenses owed by the seller (article 1069 of the Civil Code of Quebec). The syndicate will then be able to claim sums from him that he never thought he would have to pay. However, if a request concerning the statement of common expenses has been sent to the syndicate (before the final sale), either by the notary or by the…...
The certificate attesting to the condition of the immovable held in co-ownership, provided for in article 1068.1 of the Civil Code of Quebec, constitutes a key document in any sale process of a unit. Its purpose is to reflect, at a given moment, a faithful and complete representation of the situation of the co-ownership. As such, it must include information regarding the financial situation of the syndicate, planned major works, ongoing legal proceedings, as well…...
The coming into force of articles 1068.1 and 1068.2 of the Civil Code of Québec marked a decisive step in co-ownership law. Whereas previously information circulated through the DRCOP form (Request for Information from the Syndicate of Co-owners) or the notary’s questionnaire, the legislator now entrusts the syndicate of co-owners with the responsibility of issuing an official certificate on the condition of the co-ownership. This reform aims to standardize the transmission of information and to ensure…...
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 residential buildings, which is the responsibility of the Régie du Bâtiment du Québec (RBQ). Finally, unlike private guarantee plans, any purchaser of a building covered…...
The purchase of a condo leased to a third party is a frequent occurrence in the resale market. Save for an agreement to the contrary, nothing prohibits a co-owner lessor from selling and a purchaser of purchasing an apartment even though the tenant wishes to continue to reside in it. The lease is attached to the immovable, not to the co-owner/ lessor. The lease will continue to be in force even if the unit is…...
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 their principal residence before buying, or if they need to get a mortgage before acquiring the new property. To this could be added another imponderable,…...
