IconeReal Estate Law

An expertise |

The purchase, sale, donation or cession of an immovable property is not to be taken lightly. It is a cogent matter with serious consequences. Notaries are the acknowledged experts in real estate dealings; do not hesitate to consult us before signing a document for the purchase or sale of an immovable. We will coordinate all the steps of the real estate transaction, from the reception of the documents to the release of the funds, while insuring that all parties are fully protected.

When should you contact us? Whether it is before or after the signature of a promise to sell/purchase, one thing is certain: the sooner you contact us, the sooner you’ll benefit of our expertise. To avoid predicaments that are often irreparable it is advisable to call upon the expertise of a notary before signing any document.

We encourage you to read Buying a property from the Chambres des notaires or contact us by e-mail at [email protected].

Title search: a necessity |

The title search allows to detect any problem related to the title of the property and to guarantee that the title of property of the new buyers will not be contested. This is why the notaries of our firm attach the greatest importance to this research. First, we verify whether:

  • The vendor is the true owner of the property;
  • The vendor has the right and capacity to sell it;
  • The vendor’s spouse or other persons must consent to the sale, and so on.

With the aid of a certificate of location, we then verifies whether:

  • The dimensions of the lot are correct;
  • The buildings have been properly erected on the lot to be sold;
  • The dwelling has been built in compliance with municipal by-laws and zoning regulations;
  • The neighbour’s property encroaches on the lot;
  • The windows conform to legal standards;
  • There exist rights of way, and so on.

Finally, from the title search, we will be able to detect any charges or real rights likely to affect, limit or devalue your right of ownership, such as hypothecs, seizures, judgments and easements.

The notarial deed of sale: A valuable document |

It is with the care and attention that the notaries of our firm will draft the deed of sale according to your needs, making sure all the clauses essential for the protection of your rights are included in the document. They will also draw up all other deeds related to the deed of sale: hypothecary loan, servitude (easement), acquittance, co-ownership agreement, wills, power of attorney, mandate in case of incapacity, etc.

The notarial deed is proof of its contents. You will be given an authentic copy of the original, which is numbered, recorded and kept in the office of the notary, for your protection.

Co-ownership |

These days many couples, whether they are married or in a civil union, decide to buy their house jointly. It is commonly said that the house “is in both names”. As a precaution, when they decide to buy a house together, “undivided co-owners” should set down the rules which will govern them, in a formal agreement. As notaries, we are well positioned to advise the parties on the scope of the agreement and draw up the appropriate document.

It is important to keep in mind that the provisions of the Civil Code of Québec on the family patrimony do not apply to de facto couples. For instance, the number of years that the de facto spouses have live together doesn’t matter in the event of separation or death: the residence will be the property of the spouses according to their share. There are many mistaken assumptions on de facto spouses.

We can provide you with proper advice and, if necessary, we may suggest the drawing up of an agreement in notarial form setting forth all the rules applying to your de facto union. Don’t wait until it’s too late, contact us.