3. Summary description of the immovable
Once the object of the agreement with the seller is set out in the contract, the broker must describe the immovable concerned. Although this is a summary description, it must be precise in order to avoid any confusion, and it must contain accurate and verified information. To do this, the broker must consult the Québec Land Register, the seller’s deed of acquisition, which includes the exact description of the immovable, as well as the certificate of location and the cadastral plan prepared by a land surveyor.
The description of the immovable includes the physical address, i.e. number, street, city, province and postal code. It also includes the cadastral description of the immovable, its dimensions and area.
Dimensions and area
This refers to the dimensions and surface area of the land and not of the buildings erected upon it. The wording of the opening statement of clause 3.1 of all brokerage contracts to sell, whether exclusive or not, makes this clear:
“3.1 The immovable, with building erected or to be erected thereon, if applicable, is designated as follows: […]”
Thus worded, the clause in the contract can be used without the need to adapt or modify it, whether the immovable offered for sale is a built or an unbuilt lot.
The broker is not required to use the mandatory form Exclusive brokerage contract – Sale – Chiefly residential immovable containing less than 5 dwellings excluding co-ownership (or its non-exclusive version) for a vacant lot.
For more information: Buying or selling a vacant lot?
The broker must enter the dimensions and indicate the measuring system used (metres or feet); the same applies to the area (square metres or square feet).
If the lot is irregularly shaped and the broker cannot indicate the dimensions accurately, it is preferable to leave this space blank or to enter “irregular” and include a reference to the certificate of location or the description on the acquisition title.
Likewise, the broker should not enter dimensions or an area with the words “plus or minus.” This practice does not offer any protection against inaccurate measurements that the broker might enter, which could expose the broker to professional liability, and the seller to a potential civil suit by the buyer.
The broker must also verify the verbal information provided by the seller in order to be able to demonstrate the accuracy of this information.
For more information: Buying or selling a vacant lot? or Guideline – Verification, information and advice
