Certificate of location

Under clause 8.7 of the Exclusive brokerage contract – Divided co-ownership, the seller undertakes to provide to the buyer a certificate of location describing the current state “of the entire co-ownership,” including the private portion, or, failing this, a certificate of location pertaining to the private portion only and, if applicable, reflecting any cadastral renovation. The Act stipulates that the syndicate must keep in the register of co-ownership the immovable’s certificates of location “if available.” This means syndicates don’t necessarily have these documents.

Therefore, to the extent where a certificate of location describing the whole co-ownership is available and includes a description of the private portion, it will suffice. The certificate will include each of the units, with lot and door numbers, as well as dimensions and area. In this regard, entering only the lot number or door number without additional description is not sufficient. Moreover, if the available certificate is outdated or does not contain a sufficient description of the private portion, a new certificate describing the fraction of the co-ownership being sold will have to be provided.

Since the certificate of location provided must always describe the private portion, the broker should never cross out the word “including the private portion” under clause 8.7 of Exclusive brokerage contract – Divided co-ownership or clause 10.5 of the Promise to purchase – Divided co-ownership.

For more details: The certificate of location describing the current state of the immovable: Important elements to remember

Bill 16

PLANS AND SPECIFICATIONS

The developer shall provide to the syndicate of a divided co-ownership property the location certificates, cadastral plans and any other plans and specifications relating to the immovable being built, including any document showing any substantial changes made to it.