Public articles
Combining occupations
According to the Regulation respecting the pursuit of activities as a representative, adopted under the Act respecting the distribution of financial products and services (Distribution Act), a real estate broker may not hold a certificate issued by the Autorité des marchés financiers (AMF) to carry out the following activities...
Electronic signature - Good practices
Here is an overview of proper practices to adopt when using electronic signatures in the course of your professional activities, in order to get documents or forms signed by clients.
The importance for the parties of clearly understanding the promise to purchase
When drafting the promise to purchase, the real estate broker must discuss each phase of the buying process with the buyer in order to avoid surprises along the way. This step must include an analysis of the buyer’s needs and objectives and an evaluation of his financial capacity. It is up to the broker to ensure that the buyer clearly determines what he is looking for based on his means.
Promise to purchase: signing the acknowledgement of receipt
Since July 1, 2012, the promise to purchase forms have been providing that parties to the transaction are considered to be contractually bound at the time the promise to purchase is accepted, and not at the time the seller’s reply to the buyer is notified, as was previously the case.
Transactions in Mauricie: What should a broker who has not completed the pyrrhotite training do?
Given the scope of the pyrrhotite issue in the Greater Trois- Rivières Region and following the recommendation of the Mauricie Real Estate Board, the OACIQ introduced in 2013 a training to demystify all the aspects of this issue.
Lawsuit against DuProprio Inc. – Concerned by the decision of the Court, the OACIQ is assessing its options
On July 19, the OACIQ received from the Superior Court of Québec, chaired by the Honourable François Huot, a judgment confirming the one rendered in November 2011 by the Court of Quebec, acquitting DuProprio Inc. of the six (6) charges laid against the company.
Exercising servitude rights when using the distribution grid
During a real estate transaction, real estate brokers often have to deal with cases of non-compliance with the obligations or rights contained in Acts of Servitude. Infringement of a servitude may delay the finalization of a transaction, and often causes problems between the seller, buyer and creditor. Hydro-Québec regrets having to do so, however, as the owner of a distribution network, it must assume its obligations and responsibilities.
It’s vacation time! - Planning your replacement
When a broker is going to be absent for vacation or for any other reason, he is looking to entrust his transactions to another broker on whom he can rely. He also wants to do so in a way that will be legal and secure for all parties involved. This issue often comes up at this time of year, and there are many obligations to consider. Here are a few recommendations on what you should do before you leave.
Electronic or digital signature: Conditions for a secure transaction
The Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) is responsible for applying the Real Estate Brokerage Act and its regulations. Its mission is to protect the public. For this purpose, the OACIQ has developed an electronic or digital signature systems certification process. The process is based on technical specifications required for secure use of electronic or digital signatures in real estate transactions.
Buying or selling a vacant lot?
This article concerns the various options which a broker has for the purchase or sale of a vacant lot.
Information that can be given by a real estate broker to his client about insurance
Brokers are required to inform the parties to a transaction of "products and services that concern heritage protection and relate to the transaction ", including insurance products.
The financing clause
This series presents actual cases referred to the OACIQ Info Center. They contain concrete examples of things you should and should not do. This one concerns the financing clause.
Doing business with a developer
The real estate developer, Pour- un- beau-condo, has recently built a condominium tower in downtown Boucherville. Since he did not manage to sell all the dwellings of the immovable, he called on Ms. Belletour, real estate broker, to sell the remaining units.
Commercial real estate brokerage working group: An essential move for licence holders
The commercial real estate brokerage sector is vast, encompassing property management, office or industrial space leasing, or the sale of businesses, commercial buildings or multiple unit rental buildings, shopping centres or vacant lands. The working group is interested in all of these facets.
When the real estate broker is an employer
What can be done to meet brokers' needs while respecting the legal framework?
How to make my Exclusive brokerage contract - Residential lease non-exclusive?
The mandatory form Exclusive Brokerage contract – Residential lease must be used when an agency or broker acting on his own account signs a brokerage contract with a natural person to conclude the lease of a dwelling located in a chiefly residential immovable containing less than five dwellings.
Who may consult municipal valuation roll documents?
The municipal valuation roll allows the public access to certain information about a building, including:
Determining the square footage of an immovable: certificate of location, cadastral plan or acquisition title?
Depending on the circumstances, the certificate of location, the cadastral plan or the acquisition title will be used to determine the square footage of an immovable.
Who completes the form Declarations by the seller of the immovable and how can it be amended?
Many real estate brokers are wondering if it is a good idea to let the seller fill out the form Declarations by the seller of the immovable (DS) himself, or if the broker should do it as a matter of course. The OACIQ recommends that the form be filled out by the broker, with the seller’s assistance.
Identifying inclusions and exclusions
Whether or not certain items are included or excluded from the sale of an immovable is a source of many disputes between buyers and sellers. It is therefore important for the broker or agency to identify very clearly, with the seller, what will or will not be included in the sale.
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