Natural persons and legal persons
The real estate broker must ascertain whether the person who entrusts him with a brokerage contract for the sale, purchase or lease of an immovable is legally authorized to do so. For example, if the immovable is owned by a minor or a protected adult, the person legally authorized to sign the contract is not necessarily the owner of the property.
In other cases, the owner may be absent and have authorized a third party, such as a relative or friend, to act on his behalf. The owner may also have provided a protection mandate in case of incapacity designating a guardian or curator as legal representative for the exercise of his civil rights and the administration of his property.
If the owner of the immovable is deceased, the broker must be able to determine who is authorized to sign the forms.
Is the immovable owned by a company?
► The identity of its directors must be verified.
Is the person involved in the transaction married? Under what matrimonial regime? Has a declaration of family residence been published for the property? What is the impact of this declaration?
► The same considerations apply to a buyer signing a promise to purchase.
In addition to finding out who is authorized to sign, the broker must know what documents to ask for in order to verify the individuals’ capacity to sign and keep these on file.
