Foreword
The main source of real estate law is the Civil Code of Québec,1 which came into force on January 1, 1994.
In the field of real estate brokerage, the legislator has supplemented the general principles of civil law set out in the Civil Code of Québec with a specific statute, the Real Estate Brokerage Act, which came into force on May 1, 2010. This Act is supplemented by a set of seven regulations:
- Regulation respecting brokerage requirements, professional conduct of brokers and advertising;
- Regulation respecting broker’s and agency licences;
- Regulation to enact transitional measures for the application of the Real Estate Brokerage Act;
- Regulation respecting records, books and registers, trust accounting and inspection of brokers and agencies;
- Regulation respecting the Real Estate Indemnity Fund;
- Regulation respecting disciplinary proceedings of the Organisme d’autoréglementation du courtage immobilier du Québec.
This guide addresses the main legal rules that apply to the purchase, sale and lease of an immovable with which real estate brokers must be familiar.
1 The Civil Code of Québec, Q.S. 1991, c. 64, replaced the Civil Code of Lower Canada adopted in 1866, and a portion of the Civil Code of Québec adopted in the early 1980s.
► CAUTION
Under section 73 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising:
“In carrying on activities, a broker or agency executive officer must take into account his or her aptitudes, limits on knowledge and means available. The broker or agency executive officer may not agree to engage in a brokerage transaction described in section 1 of the Real Estate Brokerage Act (chapter C-73.2) that is outside his or her field of expertise without seeking the necessary assistance, including from another licence holder having the required skills.”
In the course of his duties, a broker is called upon to draw up contracts, draft clauses and manage documents that have legal value. However, the broker must exercise caution and recommend that his buying or selling clients consult a legal expert when they require legal advice.
