3. Essential features of the immovable
Section 3 of the form Exclusive brokerage contract – Purchase is used to enter the essential features of the immovable sought by the buyer.
According to the provisions of clause 6.1 on remuneration, the buyer would not be required to pay remuneration if, during the term of the contract, he purchases an immovable that does not include these essential features without the broker’s intermediary. Conversely, under clause 7.1, the buyer undertakes not to negotiate directly with the owner of an immovable that matches these features and to be a party to an agreement for the purchase, sale or lease of such an immovable.
The essential features are those that define the desired property. The features considered essential include the type of immovable and its location. The broker must indicate the type of residential immovable desired (plex, vacation property, single-family home, etc.). Location is another feature to be indicated in section 3. It can be a region, city, municipality, neighbourhood or block. If the search is for a particular immovable or group of immovables, the broker can enter the address or name of the complex. In the case of a specific lot, he can enter the cadastral number.
In addition to the type of immovable and its location, the essential features may relate to the buyer’s needs or essential requirements. For example, a client might be looking for a property that is adapted for someone with mobility issues or a house with a minimum of four bedrooms to accommodate a large family. He may want to be located within a 10-minute walk of the hospital where he works, or seek a property that is zoned for a certain type of commercial activity. An indoor garage, elevator, minimum lot size and proximity to schools are other features that can be essential to some, but only desirable to others.
The essential features must be neither too restrictive nor too broad, to prevent them from being meaningless or abusive. For example, listing “immovable located in the province of Québec” would be too restrictive for the buyer, all the more so since the broker certainly does not practice on the entire territory of Québec. On the other hand, a buyer wishing to have a very extensive list of essential features could make the broker’s work impossible.
