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Interactive legal guides > Guide to make a real estate purchase

Guide to make a real estate purchase

You may be considering buying a real estate property ?

Using the legal information at your disposal and based on the answers you provide to the questions asked, you will obtain a practical and effective guide on the various steps to take in order to make your purchase in the best possible conditions.

In addition to the various legal videos at your disposal, you have access to our Frequently Asked Questions section.

Do you intend to request an environmental assessment before the purchase of the property ?

Do you know that a prudent and well informed buyer should request a location certificate for a real estate transaction ?

Do you need to get a mortgage to buy the property? 2015 Cache

Did you make a list of all the people and agencies that should be notified of your change of address ?

What type of property would you buy? Hidden 881

Do you plan to be away on the date of signing of the mortgage or the deed of sale ?

Do you buy the building personally, on behalf of a corporation or trust? Hidden 425

Are you registered for the GST and QST ?

Your newly built residential condo, subject to a preliminary contract (commonly called "purchase offer or promise to purchase", is subject to the Goods and Services Tax (GST) and the Quebec Sales Tax (QST). Do you know the terms and conditions thereof ?

Would you like to learn about the main tasks to be performed by the notary ?

Would you like to learn about the main tasks to be performed by the notary ?

Now that all the conditions set out int the preliminary sale contract have been fulfilled, do you know the steps to take towards the closing of the sale ?

Now that all the conditions set out in the purchase offer have been fulfilled, do you know the steps to take towards the closing of the sale ?

What type of property would you buy? Hidden in 1090

Do you plan to be away on the date of signing of the mortgage or the deed of sale ?

Do you know that it is advisable to check if the surface area of ​​your condo unit is consistent with the one that is specified in the documentation provided by the developer at the time of the signing of the preliminary contract?

Do you know how to calculate your financial capability to take out a mortgage ?

Select the type of mortgage that your financial institution requires:

The verification made by the financial institution confirms that:

Do you plan to take out a mortgage loan insurance in case of disability or death ?

Following the due diligence:

After your verification:

The expert's report confirms that:

Did you know that, if at the date of taking possession of your unit, it is impossible to proceed with the signing of the deed of sale as a result of a co-ownership that is not yet officially created by the filing of the cadastral plan and the declaration of co-ownership in the land register, there might be a solution to such a situation ?

Do you intend to set out a period of time to perform a due diligence on the leases and expenses of the building before the purchase ?

The inspection report states that the property:

Do you intend to require that the deed of sale be signed before a notary of your choice ?

Do you intend to set out a period of time to perform a due diligence before buying your condo ?

Do you intend to request an environmental assessment prior to the purchase of the property ?

Do you know the key elements you should focus on when visiting a property for the first time?
Do not allow yourself to be distracted by its appearance or by the flashy/eye-catching items.

Once the residential property on which you wish to make a purchase offer is identified, did you know that it is advisable to make an offer that is conditional to the performance of certain tests or studies due to the soil quality or geographical region ?

Did you check if the contractor holds a valid licence issued by the "Régie du bâtiment du Québec" (RBQ) for the type of commercial or industrial building you wish to purchase?

Did you check if the contractor holds a valid licence issued by the "Régie du bâtiment du Québec" (RBQ) for the type of multi-unit residential building you wish to purchase ?

Are you aware of the importance of obtaining a certificate of completion signed by the architect ?

Did you inquire about the developer's service and building quality ?

Did you check with the relevant authorities if the the purpose you wish to give to the property or the intended use thereof complies with the current zoning by-law ?

Did you know that the Civil Code of Quebec allows a buyer and a seller to agree, in the deed of sale, on adding to the obligations of legal warranty, reduce its effects or exclude it altogether ?

Did you know that a location certificate is usually required for a real estate transaction and is often required by the mortgage lender ?

Did you know that there is an internet application that allows you to have an access to all the real estate properties for sale in Quebec ?

Before purchasing a property held in undivided co-ownership, did you assess your needs ?

Before purchasing a vacant land, did you assess your needs ?

Before purchasing a condo, did you assess your needs ?

Before purchasing a multi-unit residential building, did you assess your needs ?

Before purchasing a house, did you assess your needs ?

Before purchasing a commercial or industrial building, did you assess your needs ?

Did you make a list of information to be obtained from the seller with respect to the property prior to the signing of a purchase offer ?

Do you need a notary support service in order to examine your offer before you submit it to the seller ?

Do you know how to calculate your financial capability to take out a mortgage ?

The property you buy is there a New Building? 32 hidden

Is your down payment less than 20% of the purchase price ?

Is your down payment less than 20% of the purchase price ?

What type of property would you buy? Cache 205

Do you intend to use a portion of your home for your professional work or for the operation of a business and reception of clients/customers ?

Is the single-family home you wish to purchase supplied by a municipal water and sewer service (public water supply and sanitation services) ?

Do you already own a property that is not sold yet ?

Your new house built under the terms of a preliminary contract (commonly called "purchase offer or promise to purchase") is subject to the Goods and Services Tax (GST) and the Quebec Sales Tax (QST). As you know the terms?

Did you sign your purchase offer ?

Are you aware of the costs and fees associated with the purchase of a property ?

Did the contractor commit to provide you with the as-built drawings of the new building.

Do you intend to have the property inspected prior to the purchase ?

Are you buying the property personally, on behalf of a corporation or trust? 30 hidden

Will the sale be made with or without the use of a real estate broker ?

What fees should I expect when buying a property ?

Did you inquire about the developer's service and building quality ?

Did you check if the contractor holds a valid licence issued by the "Régie du bâtiment du Québec" (RBQ) for the type of building you wish to purchase ?

Did you check if the contractor is indeed accredited by the "Garantie de Construction Résidentielle" (GCR) with respect to the Guarantee Plan for new Residential Buildings?

Did you check if the contractor is indeed accredited by the "Garantie de Construction Résidentielle" (GCR) with respect to the Guarantee Plan for new Residential Buildings?

Did you check if the contractor holds a valid licence issued by the "Régie du bâtiment du Québec" (RBQ) for the type of property you wish to purchase ?

Did you sign a preliminary contract commonly known as "purchase offer or promise to purchase"?

Is the home you wish to purchase and live in currently occupied by a tenant ?

Regardless of the private areas used for parking or storage, is the condo unit you wish to purchase in an entirely new multifamily building counting no more than four private units stacked one above the other ?

Is the condo unit you are planning to buy part of a project of one or more buildings comprising at least ten condo units ?

Did you inquire about the developer's service and building quality ?

Are or will the municipal infrastructure be paid by the builder ?

Did you sign a preliminary contract commonly known as "purchase offer or promise to purchase"?

Did you inquire about the developer's service and building quality ?

Is the property you are planning to buy a newly built property?

Did you take the necessary steps to obtain a mortgage pre-approval with your financial institution ?

Should The non-owner spouse be formally notified in order to able to mortgage, assign or sell the property with his/her consent ?

Are you currently married or in civil union?

Will the corporation be the sole owner ?

Do you need to obtain a mortgage for the purchase of the property ?

Did you check if you are eligible to municipal or government programs for home buyers ?

Is this the first home that you are buying ?

Will you be the sole owner of the property ? (2)

Will the trust be the sole owner of the property ?

Are you the sole shareholder of the corporation ?

Will the corporation be the sole owner of the property ?

Are you buying the property personally, on behalf of a business corporation or a trust ?

With whom are you buying ?

Will you be the sole owner of the property ?

What type of property do you wish to buy ?

Do you buy your condominium unit on plan?

Did you know that:

  • the law states that a landlord must meet the cleanliness of the soil of his building;
  • the housing market and banks require an environmental assessment;
  • if you ever plan to build a building, the CMHC will require an environmental assessment for buildings of seven units and more;
  • following the resale of the building, you could be sued if your buyer discovers that the soil is contaminated;
  • the soil of a demolished building that has already been heated with oil may still contain an underground old tank or even contaminants.

Note that:

  • in the weeks following the signing of the deed of sale, you will receive as a new owner, a statement for the real property transfer duties;
  • the municipalities and school boards do not reissue property or school tax statements to the new owner;
  • therefore, the new owner has the burden of ensuring that the municipal and school taxes are paid.

The tasks of the notary are among others:

  • to deposit, in its trust account, the amounts received from the buyer;
  • to prepare the adjustements between the buyer and the seller:
    • the municipal and school taxes;
    • the common expenses related to the undivided co-ownership;
  • to arrange the signing of the deed of sale by the parties;
  • to check if there are any adverse entries in the land register before proceeding with any disbursement;
  • to repay the creditor or creditors of the developer and obtain discharges;
  • to pay the fees and/or invoices of some stakeholders;
  • to remit the net balance to the seller;
  • to send copies of the deeds and documents to the parties;
  • to send a copy of the deed of sale to the administrator/manager of the undivided co-ownership.

The tasks of the notary are among others:

  • to prepare the deed of mortgage and explain its contents to the borrower upon the signing thereof;
  • to receive the funds from the mortgage lender;
  • to deposit, in its trust account, the amounts received from the buyer and the mortgage lender;
  • to prepare the adjustements between the buyer and the seller:
    • the municipal and school taxes;
    • the common expenses related to the undivided co-ownership;
  • to arrange the signing of the deed of sale by the parties;
  • to check if there are any adverse entries in the land register before proceeding with any disbursement;
  • to repay the creditor or creditors of the developer and obtain discharges;
  • to pay the fees and/or invoices of some stakeholders;
  • to remit the net balance to the seller;
  • to send copies of the deeds and documents to the parties;
  • to send a copy of the deed of sale to the administrator/manager of the undivided co-ownership.

Before the signing of the deed of sale, the notary must have received:

  • the funds for the payment of the sale price (bank draft or wire transfer) at least 48 hours prior to the signing of the deed of sale;
  • proof of insurance:
    • for the building (it is necessary to add the name of the buyer and to remove the seller's);
    • for liability and leasehold improvements;
  • copies of the contracts to be assumed by the buyer.

Before the signing of the deed of sale, the notary must have received:

  • the funds for the payment of the sale price (bank draft or wire transfer) at least 48 hours prior to the signing of the deed of sale;
  • proof of insurance:
    • of the building (it is necessary to add the name of the buyer and to remove the seller's name);
    • for liability and leasehold improvements;
  • copy of the contracts assumed by the buyer.

The tasks of the notary are among others:

  • to deposit, in its trust account, the amounts received from the buyer;
  • to prepare the adjustements between the buyer and the seller:
    • municipal and school taxes;
  • to arrange the signing of the deed of sale by the parties;
  • to check if there are any adverse entries in the land register before proceeding with any disbursement;
  • to repay the creditor or creditors of the seller and obtain discharges;
  • to pay the fees and/or invoices of some stakeholders;
  • to remit the net balance to the seller;
  • to send copies of the deeds and documents to the parties.

The tasks of the notary are among others:

  • to prepare the deed of mortgage and explain its contents to the borrower upon the signing thereof;
  • to receive the funds from the mortgage lender;
  • to deposit, in its trust account, the amounts received from the buyer and the mortgage lender;
  • to prepare the adjustements between the buyer and the seller:
    • municipal and school taxes;
  • to arrange the signing of the deed of sale by the parties;
  • to check if there are any adverse entries in the land register before proceeding with any disbursement;
  • to repay the creditor or creditors of the seller and obtain discharges;
  • to pay the fees and/or invoices of some stakeholders;
  • to remit the net balance to the seller;
  • to send copies of the deeds and documents to the parties.

Before the signing of the deed of sale, the notary must have received:

  • the funds for the payment of the sale price (bank draft or wire transfer) at least 48 hours prior to the signing of the deed of sale;
  • although it is not mandatory, it is preferable that the buyer take out insurance for civil liability.

Before the signing of the deed of sale, the notary must have received:

  • the funds for the payment of the sale price (bank draft or wire transfer) at least 48 hours prior to the signing of the deed of sale;
  • although it is not mandatory, it is preferable that the buyer take out insurance for civil liability.

The tasks of the notary are among others:

  • to deposit, in its trust account, the amounts received from the buyer;
  • to prepare the adjustements between the buyer and the seller:
    • municipal and school taxes;
    • the rents;
    • other expenses (e.g., heating oil, alarm services, snow removal contract, etc.);
  • to arrange the signing of the deed of sale by the parties;
  • to check if there are any adverse entries in the land register before proceeding with any disbursement;
  • to draft and send an informational letter to the tenants confirming to them the name and contact information of the new landlord;
  • to repay the creditor or creditors of the seller and obtain discharges;
  • to pay the fees and/or invoices of some stakeholders;
  • to remit the net balance to the seller;
  • to send copies of the deeds and documents to the parties;

The tasks of the notary are among others:

  • to deposit, in its trust account, the amounts received from the buyer;
  • to prepare the adjustements between the buyer and the seller:
    • the property taxes will be adjusted later by the parties among themselves, when the authorities would have reassessed the property;
    • the amounts that may be owed by the buyer to the developer;
  • to arrange the signing of the deed of sale by the parties;
  • to have the form allowing the buyer to obtain a rebate on the GST and QST signed by the latter;
  • to check if there are any adverse entries in the land register before proceeding with any disbursement;
  • to repay the creditor or creditors of the developer and obtain discharges;
  • to pay the fees and/or invoices of some stakeholders;
  • to remit the net balance to the developer;
  • to send copies of the deeds and documents to the parties.

The tasks of the notary are among others:

  • to prepare the deed of mortgage and explain its contents to the borrower upon the signing thereof;
  • to receive the funds from the mortgage lender;
  • to deposit, in its trust account, the amounts received from the buyer and the mortgage lender;
  • to prepare the adjustements between the buyer and the seller:
    • the property taxes will be adjusted later by the parties among themselves, when the authorities would have reassessed the property;
    • the amounts that may be owed by the buyer to the developer;
  • to arrange the signing of the deed of sale by the parties;
  • to have the form allowing the buyer to obtain a rebate on the GST and QST signed by the latter;
  • to check if there are any adverse entries in the land register before proceeding with any disbursement;
  • to repay the creditor or creditors of the developer and obtain discharges;
  • to pay the fees and/or invoices of some stakeholders;
  • to remit the net balance to the developer;
  • to send copies of the deeds and documents to the parties.

The tasks of the notary are among others:

  • to prepare the deed of mortgage and explain its contents to the borrower upon the signing thereof;
  • to receive the funds from the mortgage lender;
  • to deposit, in its trust account, the amounts received from the buyer and the mortgage lender;
  • to prepare the adjustements between the buyer and the seller:
    • municipal and school taxes;
    • the rents;
    • other expenses (e.g., heating oil, alarm services, snow removal contract, etc.);
  • to arrange the signing of the deed of sale by the parties;
  • to check if there are any adverse entries in the land register before proceeding with any disbursement;
  • to draft and send an informational letter to the tenants confirming to them the name and contact information of the new landlord;
  • to repay the creditor or creditors of the seller and obtain discharges;
  • to pay the fees and/or invoices of some stakeholders;
  • to remit the net balance to the seller;
  • to send copies of the deeds and documents to the parties.

Before the signing of the deed of sale, the notary must have received:

  • the funds for the payment of the sale price (bank draft or wire transfer)at least 48 hours prior to the signing of the deed of sale;
  • proof of insurance of the building(replacement value);
  • copy of the leases;
  • copies of the contracts assumed by the buyer.

Before the signing of the deed of sale, the notary must have received:

  • the funds for the payment of the sale price(bank draft or wire transfer)at least 48 hours prior to the signing of the deed of sale;
  • proof of insurance of the building(replacement value) on which the name of the mortgage lender is listed as creditor;
  • copy of the leases;
  • copies of the contracts assumed by the buyer.

Before the signing of the deed of sale, the notary must have received:

  • the funds for the payment of the sale price (bank draft or wire transfer)at least 48 hours prior to the signing of the deed of sale;
  • proof of insurance of the building(replacement value);
  • the certificate of completion issued by the architect (at least 31 days prior to the signing of the deed of sale).

Before the signing of the deed of sale, the notary must have received:

  • the funds for the payment of the sale price(bank draft or wire transfer)at least 48 hours prior to the signing of the deed of sale;
  • proof of insurance of the building(replacement value) on which the name of the mortgage lender is listed as creditor;
  • the certificate of completion issued by the architect(at least 31 days prior to the signing of the deed of sale).

The tasks of the notary are among others:

  • to deposit, in its trust account, the amounts received from the buyer;
  • to prepare the adjustements between the buyer and the seller:
    • municipal and school taxes;
    • condo fees;
  • to arrange the signing of the deed of sale by the parties;
  • to check if there are any adverse entries in the land register before proceeding with any disbursement;
  • to repay the creditor or creditors of the developer and obtain discharges;
  • to pay the fees and/or invoices of some stakeholders;
  • to remit the net balance to the seller;
  • to send copies of the deeds and documents to the parties;
  • to send a copy of the deed of sale to the syndicate of co-owners (condo association).

The tasks of the notary are among others:

  • to deposit, in its trust account, the amounts received from the buyer;
  • to prepare the adjustements between the buyer and the seller:
    • the property taxes will be adjusted later by the parties among themselves, when the authorities would have reassessed the property;
    • the amounts that may be owed by the buyer to the developer;
  • to arrange the signing of the deed of sale by the parties;
  • to have the form allowing the buyer to obtain a rebate on the GST and QST signed by the latter;
  • to check if there are any adverse entries in the land register before proceeding with any disbursement;
  • to repay the creditor or creditors of the developer and obtain discharges;
  • to pay the fees and/or invoices of some stakeholders;
  • to remit the net balance to the developer;
  • to send copies of the deeds and documents to the parties;
  • to send the deed of sale to the syndicate of co-owners (condo association).

The tasks of the notary are among others:

  • to prepare the deed of mortgage and explain its contents to the borrower upon the signing thereof;
  • to receive the funds from the mortgage lender;
  • to deposit, in its trust account, the amounts received from the buyer and the mortgage lender;
  • to prepare the adjustements between the buyer and the seller:
    • municipal and school taxes;
    • condo fees;
  • to arrange the signing of the deed of sale by the parties;
  • to check if there are any adverse entries in the land register before proceeding with any disbursement;
  • to repay the creditor or creditors of the developer and obtain discharges;
  • to pay the fees and/or invoices of some stakeholders;
  • to remit the net balance to the seller;
  • to send copies of the deeds and documents to the parties;
  • to send a copy of the deed of sale to the syndicate of co-owners (condo association).

The tasks of the notary are among others:

  • to prepare the deed of mortgage and explain its contents to the borrower upon the signing thereof;
  • to receive the funds from the mortgage lender;
  • to deposit, in its trust account, the amounts received from the buyer and the mortgage lender;
  • to prepare the adjustements between the buyer and the seller:
    • the property taxes will be adjusted later by the parties among themselves, when the authorities would have reassessed the property;
    • the condo fees;
    • the amounts that may be owed by the buyer to the developer;
  • to arrange the signing of the deed of sale by the parties;
  • to have the form allowing the buyer to obtain a rebate on the GST and QST signed by the latter;
  • to check if there are any adverse entries in the land register before proceeding with any disbursement;
  • to repay the creditor or creditors of the developer and obtain discharges;
  • to pay the fees and/or invoices of some stakeholders;
  • to remit the net balance to the developer;
  • to send copies of the deeds and documents to the parties.

Before the signing of the deed of sale, the notary must have received:

  • the funds for the payment of the sale price (bank draft or wire transfer) at least 48 hours prior to the signing of the deed of sale;
  • proofs of insurance:
    • issued on behalf of the syndicate of co-owners;
    • issued under the co-owner's (buyer's) name for leasehold improvements and liability.

Before the signing of the deed of sale, the notary must have received:

  • the funds for the payment of the sale price (bank draft or wire transfer) at least 48 hours prior to the signing of the deed of sale;
  • proofs of insurance:
    • issued on behalf of the syndicate of co-owners (provided by the developer);
    • issued under the owner's (buyer's) name for leasehold improvements and liability;
  • the "pre-delivery" inspection form duly completed and signed by the buyer.

Before the signing of the deed of sale, the notary must have received:

  • the funds for the payment of the sale price (bank draft or wire transfer) at least 48 hours prior to the signing of the deed of sale;
  • proofs of insurance:
    • issued on behalf of the syndicate of co-owners;
    • issued under the co-owner's (buyer's) name for leasehold improvements and liability and on which the name of the mortgage lender is listed as creditor.

Before the signing of the deed of sale, the notary must have received:

  • the funds for the payment of the sale price (bank draft or wire transfer) at least 48 hours prior to the signing of the deed of sale;
  • proofs of insurance:
    • issued on behalf of the syndicate of co-owners (provided by the developer);
    • issued under the owner's (buyer's) name for leasehold improvements and liability and on which the name of the mortgage lender is listed as creditor;
  • the "pre-delivery" inspection form duly completed and signed by the buyer.

Congratulations

You are well organized !

The tasks of the notary are among others:

  • to deposit, in its trust account, the amounts received from the buyer;
  • to prepare the adjustements between the buyer and the seller:
    • municipal and school taxes;
    • other expenses (e.g., heating oil, alarm services, snow removal contract, etc.);
  • to arrange the signing of the deed of sale by the parties;
  • to check if there are any adverse entries in the land register before proceeding with any disbursement;
  • to repay the creditor or creditors of the seller and obtain discharges;
  • to pay the fees and/or invoices of some stakeholders;
  • to remit the net balance to the seller;
  • to send copies of the deeds and documents to the parties.

The tasks of the notary are among others:

  • to prepare the deed of mortgage and explain its contents to the borrower upon the signing thereof;
  • to receive the funds from the mortgage lender;
  • to deposit, in its trust account, the amounts received from the buyer and the mortgage lender;
  • to prepare the adjustements between the buyer and the seller:
    • municipal and school taxes;
    • other expenses (e.g., heating oil, alarm services, snow removal contract, etc.);
  • to arrange the signing of the deed of sale by the parties;
  • to check if there are any adverse entries in the land register before proceeding with any disbursement;
  • to repay the creditor or creditors of the seller and obtain discharges;
  • to pay the fees and/or invoices of some stakeholders;
  • to remit the net balance to the seller;
  • to send copies of the deeds and documents to the parties.

The tasks of the notary are among others:

  • to deposit, in its trust account, the amounts received from the buyer;
  • to prepare the adjustements between the buyer and the seller:
    • the property taxes will be adjusted later by the parties among themselves, when the authorities would have reassessed the property;
    • the amounts that may be owed by the buyer to the developer;
  • to arrange the signing of the deed of sale by the parties;
  • to have the form allowing the buyer to obtain a rebate on the GST and QST signed by the latter;
  • to check if there are any adverse entries in the land register before proceeding with any disbursement;
  • to repay the creditor or creditors of the developer and obtain discharges;
  • to pay the fees and/or invoices of some stakeholders;
  • to remit the net balance to the developer;
  • to send copies of the deeds and documents to the parties.

The tasks of the notary are among others:

  • to prepare the deed of mortgage and explain its contents to the borrower upon the signing thereof;
  • to receive the funds from the mortgage lender;
  • to deposit, in its trust account, the amounts received from the buyer and the mortgage lender;
  • to prepare the adjustements between the buyer and the seller:
    • the property taxes will be adjusted later by the parties among themselves, when the authorities would have reassessed the property;
    • the amounts that may be owed by the buyer to the developer;
  • to arrange the signing of the deed of sale by the parties;
  • to have the form allowing the buyer to obtain a rebate on the GST and QST signed by the latter;
  • to check if there are any adverse entries in the land register before proceeding with any disbursement;
  • to repay the creditor or creditors of the developer and obtain discharges;
  • to pay the fees and/or invoices of some stakeholders;
  • to remit the net balance to the developer;
  • to send copies of the deeds and documents to the parties.

Before the signing of the deed of sale, the notary must have received:

  • the funds for the payment of the sale price (bank draft or wire transfer) at least 48 hours prior to the signing of the deed of sale;
  • proof of insurance of the building (replacement value).

Before the signing of the deed of sale, the notary must have received:

  • the funds for the payment of the sale price (bank draft or wire transfer) at least 48 hours prior to the signing of the deed of sale;
  • proof of insurance of the building (replacement value);
  • the "pre-delivery" inspection form duly completed and signed by the buyer.

Before the signing of the deed of sale, the notary must have received:

  • the funds for the payment of the sale price (bank draft or wire transfer) at least 48 hours prior to the signing of the deed of sale;
  • proof of home insurance (replacement value) on which the name of the mortgage lender is listed as creditor.

Before the signing of the deed of sale, the notary must have received:

  • the funds for the payment of the sale price (bank draft or wire transfer) at least 48 hours prior to the signing of the deed of sale; 
  • proof of home insurance (replacement value) on which the name of the mortgage lender is listed as creditor;
  • the "pre-delivery" inspection form duly completed and signed by the buyer.

The tasks of the notary MASTER

While waiting:

  • to find a property that meets your needs;
  • to sign a purchase offer with the seller.

You can learn more about the steps to follow through to the signing of the deed of sale.

While waiting:

  • to find a single family residence that meets your needs;
  • to sign a preliminary contract with a developer.

You can learn more about the steps to follow through to the signing of the deed of sale.

While waiting:

  • to find a residential property held in divided co-ownership that meets your needs;
  • to sign a preliminary contract with a developer.

You can learn more about the steps to follow through to the signing of the deed of sale.

Prior to the signing, you must provide to the notary:

  • two pieces of official identification (with photo) issued by a government agency for each signatory trustee;
  • certified true copy of the trust deed.

Prior to the signing, you must provide to the notary:

  • two pieces of official identification (with photo) of the person representing the business corporation, issued by a government agency;
  • a resolution or extract of a specific resolution signed by the secretary or the president of the corporation, confirming that the representative is duly empowered to sign the notarized deeds on behalf of the corporation.

Prior to the signing, you must provide to the notary:

  • two pieces of official identitification (with photo) issued by a government agency for each signatory;
  • proof of your marital status.

Appointment of a representative:

  • the resolution or extract of a specific resolution allows to appoint a representative for the business corporation who will be able to borrow, mortgage and buy a porperty in the corporation's name;
  • such a document, certified by the secretary or the president of the corporation, allows the representative to fulfill the mandate given to him by the corporation with the necessary powers.

Are GST and QST payable ?

Various situations can make the purchase of a land by a non-registrant qualify as an exempt supply, in which case no GST and QST are payable. For this purpose, consult with your notary.

If you are buying a newly built condo for investment purposes:

  • you are also eligible for a partial refund of the taxes;
  • you have to pay the taxes at the time of the purchase and then complete an application form for the tax refund.

 Note: Certain conditions apply.

When buying a newly built house to be used as a primary place of residence by you or by a close relative:

  • the granted GST/QST refund can reach up to 36% of the total amount of the GST and QST;
  • the greater the purchase price is, the lower the refund will be;
  • tthe buyer must assign to the seller all his rights in the refunds to which he is entitled under the GST and QST;
  • To this end, the buyer must sign any document to give full effect to the assignment;
  • you or your close relative are the first occupant after the completion of the construction work;
  • if it is a home of two or fewer units (duplexes, detached house, semi-detached or row or mobile home);
  • as for the balance of GST and QST, the buyer must pay it to the seller, who will undertake to transfer it to the tax authorities.

GST and QST

You must be registered for the GST and QST, otherwise you will have to pay the taxes for the purchase of the property upon the signing of the deed sale.

Power of attorney to borrow, mortgage and purchase a property

  • The Drafting of a specific power of attorney under private signature allows you to appoint a relative who will be able to borrow on your behalf, hypothecate/mortgage your rights in a real estate property and even purchase such a property.
  • such a document will allow your attorney to fulfill the mandate given to him with the necessary powers.
  • The Civil Code of Quebec requires that the power of attorney be certified by a notary or lawyer or, if signed outside Quebec, certified by a competent public officer.
Prepare your power of attorney to borrow and mortgage a real estate property yourself online Prepare your power of attorney for the purchase of a real estate property yourself online

A checklist that will be useful

Government of Quebec in a single operation:

  • Chief Electoral Officer of Quebec (DGEQ);
  • Ministry of Labour, Employment and Social Solidarity (MTESS);
  • Régie de l'assurance maladie du Quebec (RAMQ);
  • Retraite Québec (Quebec Pension Plan - QPP);
  • Revenu Québec (RQ);
  • Société de l'assurance automobile du Québec (SAAQ).

Government of Canada:

  • Canada Revenue Agency (CRA);
  • Canada Pension Plan (CPP) and Old Age Security (OAS).

Canada Post offers a service to forward all your mail to your new address.

Different suppliers and subscriptions:

  • Subscriptions to newspapers and magazines;
  • Your professional association;
  • Your:
    • auto insurance;
    • home insurance;
    • life insurance, etc.
  • Credit cards;
  • Hunter's certificate or licence;
  • Pleasure craft licence;
  • Municipalities and school boards of the properties you own;
  • Dentist;
  • Pharmacy;
  • Doctor;
  • Medical Clinic;
  • Employer and union;
  • Schools to which you are attending or those of your children;
  • Suppliers:
    • electricity;
    • gas;
    • oil;
    • services:
      • phone;
      • tv cable;
      • Internet access;
  • Your different suppliers/providers;
  • Your financial institutions.
Quebec Change of Address Service (SQCA) Changing your Address - Service Canada Canada Post - Mail Forwarding

The main tasks of the notary:

  • to request from the seller the necessary documents to complete the transaction;
  • to perform a title examination and correct any irregularities in the titles, or recommend, where appropriate, a title insurance;
  • to examine the location certificate;
  • to verify the municipal and school tax statements;
  • to prepare the deed of hypothec/mortgage required by the financial institution of the buyer;
  • to contact prior creditors and request a payout statement therefrom in order to reimburse and prepare the discharges for prior mortgage loans, as applicable;
  • to deposit in its trust account the amounts received from the mortgage lender and the buyer;
  • to prepare the adjustment sheet and statement of disbursements;
  • to request for the lease agreements, as well as the various maintenance contracts;
  • to verify the identity of the parties;
  • to draft the deed of sale and receive the signature of the parties;
  • to register the mortgage and the deed of sale in the land register in order to make them enforceable against third parties;
  • to issue checks and pay out the prior mortgage creditors;
  • to send the documents to the seller, buyer and stakeholders.

The main tasks of the notary:

  • to request from the seller the necessary documents to complete the transaction;
  • to perform a title examination and correct any irregularities in the titles, or recommend, where appropriate, a title insurance;
  • to review the indivision agreement and the right of use;
  • to examine the location certificate;
  • to verify the municipal and school tax statements;
  • to prepare the deed of hypothec/mortgage required by the financial institution of the buyer;
  • to request from the administrator of the property a statement of the common expenses;
  • to contact prior creditors and request a payout statement therefrom in order to reimburse and prepare the discharges for prior mortgage loans, as applicable;
  • to deposit in its trust account the amounts received from the mortgage lender and the buyer;
  • to prepare the adjustment sheet/statement;
  • to verify the identity of the parties;
  • to draft the deed of sale and receive the signature of the parties;
  • to register the mortgage and the deed of sale in the land register in order to make them enforceable against third parties;
  • to issue checks and pay out the prior mortgage creditors;
  • to send the documents to the seller, buyer and stakeholders.

The main tasks of the notary:

  • to request from the seller the necessary documents to complete the transaction;
  • to perform a title examination and correct any irregularities in the titles, or recommend, where appropriate, a title insurance;
  • to verify the municipal and school tax statements;
  • to prepare the deed of hypothec/mortgage required by the financial institution of the buyer;
  • to contact prior creditors and request a payout statement therefrom in order to reimburse and prepare the discharges for prior mortgage loans, as applicable;
  • to deposit in its trust account the amounts received from the mortgage lender and the buyer;
  • to prepare the adjustment sheet/statement;
  • to verify the identity of the parties;
  • to draft the deed of sale and receive the signature of the parties;
  • to register the mortgage and the deed of sale in the land register in order to make them enforceable against third parties;
  • to issue checks and pay out the prior mortgage creditors;
  • to send the documents to the seller, buyer and stakeholders

The main tasks of the notary:

  • to request from the developer the necessary documents to complete the transaction;
  • to perform a title examination;
  • to suggest, where appropriate, a title insurance to cover for legal hypothecs/mortgages;
  • to request for the location certificate once the work is completed;
  • to check whether or not municipal and school tax statements were issued;
  • prepares the mortgage required by the financial institution of the buyer;
  • to request from the developer a statement of the expenses;
  • to contact prior creditors and request a payout statement therefrom in order to reimburse and prepare the discharges for prior mortgage loans, where applicable;
  • to deposit in its trust account the amounts received from the mortgage lender and the buyer;
  • to prepare the adjustment sheet/statement#;
  • to request the certificate of completion;
  • to verify the identity of the parties;
  • to draft the deed of sale and receive the signature of the parties;
  • to register the mortgage and the deed of sale in the land register in order to make them enforceable against third parties;
  • to issue checks and pay out the prior mortgage creditors;
  • to send the documents to the developer, buyer and stakeholders.

The main tasks of the notary:

  • to request from the developer the necessary documents to complete the transaction;
  • to perform a title examination;
  • to suggest, where appropriate, a title insurance to cover for legal hypothecs/mortgages;
  • to examine the location certificate;
  • to check whether or not municipal and school tax statements were issued;
  • to check whether or not the property is registered to the guarantee plan;
  • to prepare the deed of hypothec/mortgage required by the financial institution of the buyer;
  • to contact prior creditors and request a payout statement therefrom in order to reimburse and prepare the discharges for prior mortgage loans, where applicable;
  • to deposit in its trust account the amounts received from the mortgage lender and the buyer;
  • to prepare the adjustment sheet/statement;
  • to verify the identity of the parties;
  • to draft the deed of sale and receive the signature of the parties;
  • to register the mortgage and the deed of sale in the land register in order to make them enforceable against third parties;
  • to issue checks and pay out the prior mortgage creditors;
  • to send the documents to the developer, buyer and stakeholders.

The main tasks of the notary:

  • to request from the developer the necessary documents to complete the transaction;
  • to perform a title examination;
  • to suggest, where appropriate, a title insurance to cover for legal hypothecs/mortgages;
  • to review the declaration of co-ownership;
  • to examine the location certificate;
  • to check whether or not municipal and school tax statements were issued;
  • to check whether or not the property is registered to the guarantee plan;
  • to prepare the deed of hypothec/mortgage required by the financial institution of the buyer;
  • to request from the developer a statement of the common expenses, including the condo fees;
  • to contact prior creditors and request a payout statement therefrom in order to reimburse and prepare the discharges for prior mortgage loans, where applicable;
  • to deposit in its trust account the amounts received from the mortgage lender and the buyer;
  • to prepare the adjustment sheet/statement;
  • to verify the identity of the parties;
  • to draft the deed of sale and receive the signature of the parties;
  • to register the mortgage and the deed of sale in the land register in order to make them enforceable against third parties;
  • to issue checks and pay out the prior mortgage creditors;
  • to send the documents to the seller, buyer and stakeholders.

The main tasks of the notary:

  • to request from the seller the necessary documents to complete the transaction;
  • to perform a title examination and correct any irregularities in the titles, or recommend, where appropriate, a title insurance;
  • to review the declaration of co-ownership;
  • to examine the location certificate;
  • to verify the municipal and school tax statements;
  • to prepare the deed of hypothec/mortgage required by the financial institution of the buyer;
  • to request from the syndicate of co-owners (condo association) a statement of the common expenses;
  • to contact prior creditors and request a payout statement therefrom in order to reimburse and prepare the discharges for prior mortgage loans, as applicable;
  • to deposit in its trust account the amounts received from the mortgage lender and the buyer;
  • to prepare the adjustment sheet/statement;
  • to verify the identity of the parties;
  • to draft the deed of sale and receive the signature of the parties;
  • to register the mortgage and the deed of sale in the land register in order to make them enforceable against third parties;
  • to issue checks and pay out the prior mortgage creditors;
  • to send the documents to the seller, buyer and stakeholders.
Planning for the purchase of a property held in divided co-ownership (condo) -

The main tasks of the notary:

  • to request from the seller the necessary documents to complete the transaction;
  • to perform a title examination and correct any irregularities in the titles, or recommend, where appropriate, a title insurance;
  • to examine the location certificate;
  • to verify the municipal and school tax statements;
  • to prepare the deed of hypothec/mortgage required by the financial institution of the buyer;
  • to contact prior creditors and request a payout statement therefrom in order to reimburse and prepare the discharges for prior mortgage loans, as applicable;
  • to deposit in its trust account the amounts received from the mortgage lender and the buyer;
  • to prepare the adjustment sheet/statement;
  • to verify the identity of the parties;
  • to draft the deed of sale and receive the signature of the parties;
  • to register the mortgage and the deed of sale in the land register in order to make them enforceable against third parties;
  • to issue checks and pay out the prior mortgage creditors;
  • to send the documents to the seller, buyer and stakeholders.
Organizing and planning your real estate transaction

You must:

  • contact the notary to give him the necessary information to complete the transaction;
  • if necessary, confirm the contact information of your notary to your financial institution to make sure that the notary receives the mortgage instructions;
  • contact your insurance broker and have him send you and your notary a confirmation of damage and liability insurance coverage before the closing of the sale;
  • make sure that the cash amout to cover your down payment is available before the signing of the deed of sale.

If you are buying a newly built house for investment purposes:

  • you are also eligible for a partial refund of the taxes;
  • you have to pay the taxes at the time of the purchase and then complete an application form for the tax refund.

 Note: Certain conditions apply.

When buying a newly built condo to be used as a primary place of residence by you or by a close relative:

  • the granted GST/QST refund can reach up to 36% of the total amount of the GST and QST;
  • the greater the purchase price is, the lower the refund will be;
  • the buyer must assign to the seller all his rights in the refunds to which he is entitled under the GST and QST;
  • To this end, the buyer must sign any document to give full effect to the assignment;
  • you or your close relative are the first occupant after the completion of the construction work;
  • as for the balance of GST and QST, the buyer must pay it to the seller, who will undertake to transfer it to the tax authorities.

Gross or net area

  • The surface areas stated in the advertising of most developers are gross areas. These areas are calculated from the exterior walls through the common walls and exterior walls of the corridors, excluding support columns located inside the condo unit. In some cases, the area may even include balconies.
  • the net area as defined by a land surveyor are calculated from the inside of the drywall, from one end to the other, excluding the columns within the condo units.

The building is used less than 10% in commercial activities

  • No input tax credits (ITCs) are allowed where such use is 10% or less of total use.
  • You therefore do not have to register.

The building is acquired for a mixed-use purpose

  • If you are a registrant, you can claim an input tax credit (ITC) for the GST/QST paid or payable in respect of costs incurred for the acquisition of the building.
  • ITCs are directly proportional to the use of capital real property in commercial activities.

Note: If you are not a registrant, you cannot claim an input tax credit and you will have to pay the GST/QST to the seller.

The building is used more than 90% in commercial activities

  • If you are a registrant, you can claim 100% of the input tax credit (ITC) for the GST/QST paid or payable in respect of costs incurred for the acquisition of the building.
  • If you are not a registrant, you cannot claim an input tax credit and you will have to pay the GST/QST to the seller.
You can register for the GST/QST using

Down payment

Your down payment must be more than 20% of the purchase price, since the mortgage loan insurance does not apply to a residential building governed by an undivided co-ownership agreement (indivision agreement).

It is advisable to sign a shareholder buy-sell agreement ?

To ensure the financial protection of the heirs, the life insurance allows the repurchase of shares of the deceased shareholder.

Prepare your shareholder agreement yourself online with

following verification by your financial institution:

you must notify your real estate broker that your financing is approved and that you are able to purchase the property.

following verification by your financial institution:

You must notify the seller that your financing is approved and that you are able to purchase the property.

You have the choice to:

  • withdraw and request the cancellation of the purchase offer, agreement or contract;
  • negotiate with the financial institution to provide it further security, or offer it the suretyship of a family member, or ultimately increase your down payment.

After your verification:

You must notify the real estate broker that the verification of leases and expenditure are to your satisfaction.

After your verification:

You must notify the seller that the verification of the leases and expenditure are to your satisfaction.

Following the expert's report:

You must notify the real estate broker that no environmental problems were observed.

Following the expert's report:

You must notify the seller that no environmental problems were observed.

Following the building inspection report:

You must notify the seller that the property is in good condition and does not suffer from any major irregularities.

Following the building inspection report:

You must notify the real estate broker that the property is in good condition and does not suffer from any major irregularities.

Following the due diligence:

You must notify the real estate broker that you are satisfied with the legal and financial situation of the co-ownership.

Following the due diligence:

You must notify the seller that you are satisfied with the legal and financial situation of the co-ownership.

You will have, under your purchase offer, a time limit prior to the purchase to apply for a mortgage

Here are the documents and information generally required to process your mortgage application:

  • The purchase offer;
  • Written confirmation of employment and income for anyone committing financially to the mortgage lender;
  • Your financial statements;
  • The notice of assessment issued by the Ministry of Revenue or the Canada Revenue Agency;
  • The indivision agreement;
  • Confirmation of the down payment;
  • Appraisal of the property by an appraiser appointed by the financial institution (certain fees are to be expected);
  • Any other document required (proof of other income);
  • Confirmation of the source of your down payment;
  • A list of your assets and your debts.

You will have, under your purchase offer or agreement, a time limit prior to the purchase to apply for a mortgage

Here are the documents and information that are generally required to process your mortgage application:

  • The purchase offer, agreement or contract;
  • Written confirmation of employment and income for anyone committing financially to the mortgage lender;
  • Your financial statements;
  • The budget;
  • The notice of assessment issued by the Ministry of Revenue or the Canada Revenue Agency;
  • Confirmation of the down payment and its source;
  • Appraisal of the property by an appraiser appointed by the financial institution (certain fees are to be expected);
  • Any other document required (evidence of expenditure, other income and leases, if applicable);
  • Environmental assessment by an expert assigned by the financial institution (certain fees are to be expected);
  • Assessment of loan insurance needs;
  • A list of your assets and debts.

You will have, under your purchase offer, a time limit prior to the purchase to apply for a mortgage

Here are the documents and information that are generally required to process your mortgage application:

  • The purchase offer;
  • Written confirmation of employment and income for anyone committing financially to the mortgage lender;
  • Your financial statements;
  • The notice of assessment issued by the Ministry of Revenue or the Canada Revenue Agency;
  • Confirmation of the down payment;
  • Confirmation of the source of your down payment;
  • Appraisal of the property by an appraiser appointed by the financial institution (certain fees are to be expected);
  • Environmental assessment by an expert assigned by the financial institution (certain fees are to be expected);
  • A list of your assets and debts.

You will have, under your purchase offer or agreement, a time limit prior to the purchase to apply for a mortgage

Here are the documents and information that are generally required to process your mortgage application:

  • The purchase offer, agreement or contract;
  • Written confirmation of employment and income for anyone committing financially to the mortgage lender;
  • Your financial statements;
  • The budget;
  • The notice of assessment issued by the Ministry of Revenue or the Canada Revenue Agency;
  • Confirmation of the down payment and its source;
  • Appraisal of the property by an appraiser appointed by the financial institution (certain fees are to be expected);
  • Any other document required (evidence of expenditure, other income and leases, if applicable);
  • Environmental assessment by an expert assigned by the financial institution (certain fees are to be expected);
  • Assessment of loan insurance needs;
  • A list of your assets and debts.

You will have, under your purchase offer or agreement, a specific time limit prior to the purchase to apply for a mortgage

Here are the documents and information that are generally required to process your mortgage application:

  • The purchase offer or agreement;
  • Written confirmation of employment and income for anyone committing financially to the mortgage lender;
  • Your financial statements;
  • The notice of assessment issued by the Ministry of Revenue or the Canada Revenue Agency;
  • The declaration of co-ownership;
  • Confirmation of the down payment and its source;
  • Appraisal of the property by an appraiser appointed by the financial institution (certain fees are to be expected);
  • Any other document required (proof of other income);
  • Assessment of loan insurance needs;
  • A list of your assets and debts.

Did you know that:

  • The loan insurance covers the insured balance of your loan in case of death. Remember that the premium is calculated based on the insured amount and your age;
  • The disability insurance covers the insured instalments of your loan if you are no longer able to work. Remember that certain eligibility conditions apply.

You will have, under your purchase offer or agreement, a time limit prior to the purchase to apply for a mortgage

Here are the documents and information that are generally required to process your mortgage application:

  • The purchase offer or agreement;
  • Written confirmation of employment and income for anyone committing financially to the mortgage lender;
  • Your financial statements;
  • The notice of assessment issued by the Ministry of Revenue or the Canada Revenue Agency;
  • Confirmation of the down payment and its source;
  • Appraisal of the property by an appraiser appointed by the financial institution (certain fees are to be expected);
  • Any other document required (proof of other income, leases, if any);
  • Assessment of mortgage loan insurance needs;
  • A list of your assets and debts.

You have the choice to:

  • withdraw and request the cancellation of the purchase offer;
  • negotiate an agreement with the seller and sign an amendment to the purchase offer;
  • go forward with your purchase and assume the consequences.

Under your purchase offer, you will have a time limit before the purchase to conduct a due diligence

Failing to conduct yourself a due diligence, you can assign your notary for such a task.

You have the choice to:

  • withdraw and request the cancellation of the purchase offer;
  • negotiate an agreement with the seller and sign an amendment to the purchase offer;
  • go forward with your purchase and assume the consequences.

Under your purchase offer, you will have a time limit prior to the purchase to conduct a due diligence

Failing to review yourself the leases and expenses, it is advisable to appoint a third party who has no interest in the transaction to make such a review.

lease

As a buyer, you must also check:

  • The list and copy of all the leases and subleases, including:
    1. the existence of a termination right allowing a tenant to terminate the lease;
    2. the repairs and leasehold improvements to which the landlord is obligated;
    3. the operating costs that the tenants have to pay;
    4. any monetary and unusual clause;
    5. the renewal options.
  • Copy of insurance policies;
  • Copy of any contract, agreement, bill or commitment relating to the property;
  • Copy of any correspondence with the tenants and authorities.

You have the choice:

To negotiate an agreement with the seller and sign an amendment to the purchase offer in which the latter undertakes to decontaminate the soil.

Otherwise:
  • you withdraw and request the cancellation of the purchase offer;
  • you go forward with your purchase and bear the costs of decontamination (the risks are huge).

Pre-occupancy or occupancy agreement

When the co-ownership is not yet officially established by the filing of the cadastral plan and the declaration of co-ownership in the Land Register, it is impossible to proceed with the signing of the deeds of sale for the condominium units.

However, some developers allow buyers to take possession of their condos before the signing of the deed of sale. To do so, the parties sign a pre-occupancy agreement in which the buyer undertakes to pay certain fees, to comply with certain conditions and to sign the deed of sale upon publication of the cadastral plans and the declaration of co-ownership.

Due diligence

The buyer is entitled to require that the purchase offer be conditional to the performance of a due diligence of the leases and expenses related to the building.

For more information, visit

Choice of the notary

It is customary that the builder or developer requires that the sale transaction be signed before a notary appointed by the latter, despite the provisions of the Notarial Act stating that the cash paying buyer is entitled to choose the notary.

Note: Usually, it is the buyer who pays for the legal fees.

According to your offer, you have to request an environmental assessment prior to the purchase of the property.

Before hiring an expert, ask him:

  • to provide you with a template of the inspection report that he will submit to you;
  • to confirm to you if he is accredited with your mortgage holder;
  • to forward you a copy of his liability insurance;
  • about his type of expertise and clientele;
  • about his fees.

Notes: Usually, the process begins with Phase I, which allows to determine whether further investigation is needed.

You have the choice:

  • to withdraw and request the cancellation of your purchase offer;
  • negotiate an agreement with the seller and sign an amendment to the purchase offer;
  • go forward with your purchase and bear the cost of repairs.

Choice of the notary

Pursuant to the Code of ethics of notaries, any notary is bound to act impartially and to ensure the protection of the interests of both the seller and buyer.

Who has the choice of the notary when purchasing a real estate property ?

Choice of the notary

According to the Notarial Act:

  • if the buyer pays cash, he will be entitled to choose the notary and he shall pay the costs and fees of the sale;
  • if the seller agrees that the buyer pay a balance of the sale price secured by a mortgage, the seller will then have the choice of the notary, but the buyer is still responsible for the payment of the costs and fees of the sale.

Note: Some mortgage lenders require that the transaction be signed before a notary of their choice.

Choice of the notary

Although the Notarial Act states that the cash paying buyer is entitled to choose the notary for the sale transaction, the general practice is, however, that it is the builder or developer who often requires the transaction to be signed before a notary of his choice.

Note: Usually, it is the buyer who pays the legal fees for the sale.

If you must hire, under your purchase offer, a building inspector

You may ask him:

  • if he is a member of a professional association such as the "Ordre des architectes du Québec", the "Ordre des évaluateurs agréés du Québec" and the "Ordre des technologues professionnels du Québec";
  • about the extent and nature of the inspection that he will perform;
  • to provide you a template of the inspection report that he will submit to you;
  • to provide you a copy of his liability insurance;
  • about his type of expertise and clientele;
  • about his professional fees.

References by your real estate broker

To avoid any conflict of interest or "appearance" of conflict of interest, choose the building inspector yourself and not the one that could be recommended by your real estate broker.

Did you know that:

  • the law states that a landlord is bound to keep his building in clean condition;
  • the housing market and banks require an environmental assessment;
  • CMHC requires an environmental assessment for buildings of seven units and more;
  • following the sale of the building, you could be sued if your buyer discovers that the soil is contaminated;
  • the soil of an existing building, renovated or rebuilt, which has already been heated by oil, might still contain an underground old tank or even contaminants.

The different steps to soil contamination risk assessment

  • Phase 1: approaches used to determine whether further investigation is required;
  • Phase 2: consists of establishing a final proof of soil quality. To do so, the evaluators samples and characterizes soils and groundwater and/or residual materials on site at predetermined locations;
  • Phase 3: A full characterization is performed in order to evaluate the extent of contamination;
  • Site remediation: Soil decontamination.
The different steps to soil contamination risk assessment

During your first visit, pay attention to:

  • the foundation (exterior or interior visible cracks);
  • the condition of the openings (doors and windows);
  • plumbing (type of piping, copper, iron or plastic);
  • the brick or stone joints;
  • moisture in the basement;
  • the condition of the roof;
  • the exterior appearance of nearby properties.

Costs involved in the purchase of a multiple unit building

Costs involved in the purchase of a multiple unit building

which include:

  • administrative and management costs;
  • insurance premium;
  • maintenance and cleaning;
  • heating and electricity;
  • the taxes;
  • legal fees;
  • annual leasehold improvements (between 0.05% and 1% of the value of the building).

Note: expect a rental vacancy rate

Tests and studies

Check whether a test or study is necessary to detect the presence of:

  • clay soils, which may cause the risk of sagging foundation;
  • iron ocher, which clogs weeping tiles and backwater valves;
  • pyrite in the stone below a foundation which causes heaving and cracking in the concrete slab;
  • pyrrhotite, which may cause cracks in the concrete;
  • mold, which may cause health issues.

Does the commercial or industrial building contractor hold a valid licence ?

This general contractor may bid on, carry out or have carried out all construction work relating in particular to residential buildings, depending on whether the latter holds a:

  • Subclass 1.2 licence: concerns small buildings with a height of no more than three (3) storeys, and a building area not exceeding ​600 m²; or
  • Subclass 1.3 licence: authorizes construction work relating to any building, including those referred to in the subclass 1.2.

Does the multi-unit residential building contractor hold a valid licence ?

This general contractor may bid on, carry out or have carried out all the construction work relating in particular to residential buildings, depending on whether he holds a:

  • Subclass 1.2 licence: concerns small buildings with a height of no more than three (3) storeys, and a building area not exceeding ​600 m²; or
  • Subclass 1.3 licence: authorizes construction work relating to any building, including those referred to in the subclass 1.2.
You can check if your contractor has a licence issued by the RBQ

Prior research

It is best to do some research before moving forward with a developer:

  • Ask for references;
  • Get in touch with former clients to learn about their level of satisfaction;
  • Do some internet research;
  • Visit other housings built by the same developer.

You and the contractor have signed an agreement for the purchase of a property built according to your specifications

Following the signing of a contract and pending the delivery of your property, read the steps to take towards the signing of the deed of sale.

Repossession of a dwelling by the buyer

  • An owner can repossess a dwelling if the latter is the sole owner thereof or if the only other owner is his/her spouse.
  • The owner must, at least six months before the expiry of the lease, give the tenant a written notice of his/her intention to repossess the dwelling.
Repossession of a dwelling: conditions, deadlines and notice

Purchase with or without warranty ?

  • It is always preferable that the purchase offer contains a clause to the effect that the sale be made with the legal warranty.
  • If the seller wants to limit its warranty or sell the property without any warranty, it is strongly recommended to have the property inspected by an expert, preferably an architect or engineer.
To learn more about the different types of warranties, visit

Location certificate

Do not forget to include in the purchase offer a clause to the effect that the seller undertakes to provide the buyer with a location certificate showing the current state of the property.

Here are some things to consider:

  • living in the suburbs or in the city;
  • the neighborhood;
  • the number of condo units comprising the divided co-ownership;
  • a new condominium or not;
  • the number of bedrooms and bathrooms;
  • need for an office room;
  • the proximity of services, including transportation and schools;
  • parking, garage, or not;
  • a courtyard, a garden, a terrace or balcony.

What type of mortgage financing to choose ?

Financial institutions offer the possibility to get a type of financing that is customized to your needs.

To learn more about the various mortgage solutions

You must:

  • contact your notary to inform him that you want to hire his services and give him the necessary information to complete the transaction;
  • if necessary, confirm the contact information of your notary to your financial institution to make sure that the notary receives the mortgage instructions;
  • ensure that the seller delivers to the notary the documents required under the purchase offer and the necessary information for the preparation of the deed of sale and the adjustments;
  • contact your insurance broker and have him send you and your notary a confirmation of damage and liability insurance coverage before the closing of the sale;
  • make sure that the cash amout to cover your down payment is available before the signing of the deed of sale.

A certificate of completion

It is strongly advised to request, prior to the signing of the deed of sale, a certificate of completion signed by an architect.

Why get a certificate of completion ? What should the certificate of completion contain ?

Caution

When buying, from a contractor, a commercial, industrial or multi-unit residential building, it is not recommended to pay instalments or make progress payments to the contractor if you are not the owner of the land.

You and the developer have signed the preliminary contract

Following the signing of this contract and pending the delivery of your condo, read the steps to take towards the signing of the deed of sale.

Organizing and planning your real estate transactions

You and the developer have signed the preliminary contract

Following the signing of this contract and pending the delivery of your home, read the steps to take towards the signing of the deed of sale.

Organizing and planning your real estate transactions

Purchase offer

The purchase offer is an important document that legally binds the parties upon the signing thereof.

Prepare your purchase offer yourself online with

You have finally found the property you searched for and your seller has accepted your purchase offer

Following this acceptance, and pending the signing of the deed of sale, please take note of the following steps.

Your real estate broker

Your broker will then prepare your purchase offer, using a mandatory form issued by the OACIQ and will present it to the seller.

Location certificate

It is advisable, when buying a real estate property, to require from the seller a location certificate showing the current state of the property.

For more information visit

Information to obtain:

  • the land area;
  • the amount of the annual property taxes;
  • the zoning.

Information to obtain:

  • the year of construction of the building;
  • the technical specifications including the land area, surface area of the building and the type of heating;
  • the various expenses related to the building such as property taxes, insurance premiums, heating, electricity and maintenance costs;
  • the income generated by the building.

    Note: It is important that the seller complete and submit to you a detailed form (seller property information statement) regarding the building.

A form regarding the seller property information statement is available on

Information to obtain:

  • the year of construction of the building;
  • the undivided percentage of ownership held by the seller in the building;
  • the various expenses related to the property such as property taxes, insurance premiums, heating, electricity and common expenses;
  • Copy of the indivision agreement.

    Note: It is important that the seller complete and submit to you a detailed form (seller property information statement) regarding the building.

A form regarding the seller property information statement is available on

Information to obtain:

  • the year of construction of the building;
  • the size of the housing unit;
  • the various expenses related to the property such as property taxes, insurance premiums, heating, electricity, and the common expenses;
  • the sum accumulated in the contingency fund.

    Note: It is important that the seller complete and submit to you a detailed form (seller property information statement) regarding the property.

A form regarding the seller property information statement is available on

To find a property that meets your needs

How about a tool that would allow you to have a greater knowledge of the real estate market and an access in a few clicks to all the real estate offers.

The market is at your fingertips with OPUS 44.

Assistance for your transaction

An assistance service to help you in the drafting of a purchase offer for a single family residence or condo, for your transaction and for a period to be determined according to the estimated needs (minimum $ 150). - 1 to 2 business days will be necessary to prepare your quote and the required preparation fees will be deducted from the total amount to be paid if the quote is accepted.

Assistance for your transaction

Caution

When the seller is married or in a civil union and lives in the property with his/her non-owner spouse, it is preferable to have the spouse intervene to the deed of sale to ensure that the latter will no longer hold any right in the property.

For more information, visit

Information to obtain:

  • the year of construction of the property;
  • technical specifications (surface area of ​​the land and of the building);
  • the various expenses related to the property such as property taxes, insurance premiums, heating, electricity.

    Note: It is important that the seller fill and submit to you a detailed form (detailed seller property information statement) regarding the property.

A form regarding the seller property information statement is available on

The inspection of a building by an expert is essential.

Prior to purchasing a building, it is strongly recommended to have it inspected by experts.

For more information, visit Notaire-Direct website

Inspection of the property by an expert

It is highly recommended for the buyer to have his future residential property inspected by an expert prior to the purchase thereof.

For more information, visit Notaire-Direct website

Contact your financial institution to obtain a letter of intent.

Your financial institution, after reviewing your credit report, your income and your credit rating, will inform you about the conditions of such financing for this type of real estate property. It might even give you a letter of intent to grant you a loan without necessarily committing to lend you the money.

Incidental costs related to the purchase of an undivided co-ownership

In addition to a building purchase price, any buyer should also consider some incidental costs necessary for the transaction, including:

Incidental costs related to the purchase of a commercial or industrial building

In addition to the purchase price of a building, any buyer should also consider some incidental costs necessary for the transaction, including:

  • real property transfer duties;
  • notary fees and registration fees for the mortgage and deed of sale;
  • assessment fee to obtain the mortgage, if any;
  • fees for an environmental study;
  • building inspector fees;
  • the adjustments.

Incidental costs related to the purchase of a vacant land

In addition to the purchase price of a vacant land, any buyer should also consider some incidental costs necessary for the transaction, including:

Incidental costs related to the purchase of a Multiple Unit Building

In addition to the purchase price of a Multiple Unit building, any buyer should also consider some incidental costs necessary for the transaction, including:

  • real property transfer duties;
  • notary fees and registration fees for the mortgage and deed of sale;
  • assessment fee to obtain the mortgage, if any;
  • mortgage loan insurance costs, if applicable;
  • building inspector fees;
  • fees for an environmental study;
  • the adjustments.

Verification with municipal authorities

It is advisable to check with the competent authorities if your future residential property is in compliance with the zoning currently in force with respect to the purpose you intend to give to said property.

Zoning verification

It is advisable to check with the relevant authorities if the property complies with the zoning currently in force with respect to the purpose you intend to give to said property, or the use intended therefor.

If the property is not supplied by municipal water and sewer services

You should perform:

  • a test to measure the flow rate of the drinking water supplied by the water supply system of the building;
  • a drinking water analysis by a laboratory certified by the Ministry responsible for the environment in Quebec;
  • any inspection of the septic systems deemed necessary and useful.

You already answered that you wish to obtain a mortgage financing for the purchase of your real estate property.

It is advisable to include in the purchase offer a clause to the effect that the purchase is conditional to obtaining a mortgage financing.

If your current home is not sold yet and you still wish to sign a purchase offer

Two options are available to you:

  • signing a purchase offer conditional to the sale of your current home;
  • applying for a bridge loan with your financial institution if you already have agreed to sell your current property to a third party at a date subsequent to the purchase of your new home.

Before signing a purchase offer

Please take note of the following information which will help you during your negotiations with the seller.

If the property is not supplied by a municipal water and sewer system

Clauses to be included in your purchase offer:

  • Drinking water flow and quality test;
  • Inspection of the septic systems;
  • Emptying of the septic tank.

Here are some things to consider:

  • Visit many buildings before buying;
  • Buy a building near you;
  • Choose:
    • the area;
    • the neighborhood;
    • the type of construction, namely concrete or wood/brick structure;
    • the type of tenants you wish to have;
    • the type of dwellings, namely studios, two, three or four-bedroom apartments;
  • The number of housing units/apartments;
  • The proximity of services, including public transportation and schools;
  • The amount you wish to invest on each dwelling.

The obligations of the building inspector

There is no standard procedure for building inspections in Quebec. The inspector must:

  • take note and report all visible and apparent defects, as well as any track or sign that may raise his suspicion as to the existence of a latent/hidden defect;
  • refer the client to an expert (architect, engineer, building contractor) where, according to him, his suspicions are too strong to just be content with a visual inspection;
  • also analyze and interpret the results of his inspection in the report.

Note: Make sure that the inspector has a liability insurance for malpractice and negligence.

For more information, visit

Mortgage loan insurance

The mortgage loan insurance premium required by the Canada Mortgage and Housing Corporation (CMHC) is calculated as a percentage of the loan and it is based on the size of the down paymentt.

  • Note: Your down payment must be at least 5% of the purchase price for a single family home or a building with two dwellings. It must be at least 10% of the purchase price for a building with three or four dwellings.

For more information, visit the CMHC website For more information, visit Genworth's website

Due diligence

The buyer is entitled to require that the offer to purchase be conditional to the performance of a due diligence.

You can entrust your due diligence to

6 Formal notice to demand compliance with a pruchase offer

Your formal notice to require a person or company to comply with the commitment it has made to you under a purchase offer.

Prepare yourself online your formal notice with

Purchase offer

The purchase offer is an important document that legally binds the parties upon signing.

Prepare a purchase offer yourself online with

Costs involved in the purchase of a new house

Including:

  • moving expenses;
  • installing new locks;
  • service fees for cable or phone installation;
  • cleaning as much for your old house as for your new house;
  • painting and decorating;
  • purchase of new appliances.

Assessing your financial capability to afford a mortgage

  • Start assessing your financial resources by calculating your household budget.
  • Calculate how much you spend each month.
  • By determining the exact amount of your expenses, you will know more accurately if you are financially ready to become a homeowner.
For more details, visit the CMHC website

Incidental costs related to the purchase of a house

In addition to the purchase price of the property, any buyer should also consider some incidental costs necessary for the transaction, including:

  • real property transfer duties;
  • notary fees and registration fees for the mortgage and deed of sale;
  • assessment fee to obtain the mortgage, if any;
  • mortgage loan insurance costs;
  • building inspector fees;
  • the adjustments.

Here are some things to consider:

  • the number of units that will form the undivided co-ownership;
  • seeked neighborhood;
  • a fairly new or old building;
  • the number of bedrooms and bathrooms;
  • need a room for an office;
  • the proximity of services, including transportation and schools;
  • parking space or not;
  • a backyard, a garden, a terrace or balcony.

Here are some things to consider:

  • the budget for the purchase price;
  • the features of the desired building, including the surface area, office space, shop or warehouse;
  • should the building be carrying the image of the organization;
  • the type of desired building, namely new or old, modern or ancient;
  • if the municipal regulation allows the operation of the organization's activities;
  • if the building will meet the current and future needs of the organization;
  • if the access roads and pathways are adequate;
  • the budget for property and school taxes.

Here are some things to consider:

  • the area, the neighborhood;
  • in the suburbs, in the countryside or in the city;
  • the proximity of services, including transportation and schools;
  • the budget for the purchase price;
  • municipal regulations allowing the potential desired construction;
  • if access roads and pathways are adequate.

It is best to inspect the property before buying.

The Civil Code of Québec does not provide an obligation to inspect a property before the purchase thereof. However, it requires the buyer to behave in a prudent and diligent manner.

According to the current case-law, we strongly recommend a buyer to conduct a careful visual examination of the building and be on the lookout for potential latent defects that could affect the building.

Professional standards of practice for residential building inspection

Here are some things to consider:

  • living in the suburbs, in the countryside or in the city;
  • the type of residence;
  • a newly built house or not;
  • the number of bedrooms and bathrooms;
  • the need for an office room;
  • the proximity of services, including transportation and schools;
  • parking space, a garage, or not;
  • a backyard, a garden, a terrace or balcony.

Prior research

It is best to do some research before embarking on any construction project with a contractor:

  • Ask for references;
  • Get in touch with former clients to learn about their level of satisfaction;
  • Do some internet research;
  • Visit other buildings built by the same contractor.

Buying a residential condo on plan

It may be advantageous to purchase a residential condo on plan. Thus, you may sometimes benefit from:

  • an attractive price;
  • a well located condo unit;
  • an interior design customized according to your specifications.
Caution: You must ensure that the plan of the residential condo you wish to purchase is at scale and especially read the notes accompanying the plan. Also, make sure to obtain a guarantee as to the date of delivery of your unit.
 

As-built drawings for a new building.

This requirement will:

  • allow you to have a reliable information on the building;
  • facilitate the maintenance of the building;
  • facilitate future work (renovation, alterations and additions).

Does the building comprise no more than four (4) private units stacked one above the other ?

It is essential to inquire about whether a mandatory guarantee plan applies or not.

The importance of checking whether or not a guarantee plan applies

Prior to buying a new condo, it is important to check the nature of the building to determine whether or not a guarantee plan applies to your purchase.

Guarantee Plan of GARANTIE HABITATION DES MAÎTRES BÂTISSEURS (GHMB)

The guarantee plan of "Garantie Habitation des Maîtres Bâtisseurs" (GHMB) provides coverage for:

  • down payments or deposits made to the contractor for up to $30,000;
  • completion of all construction work under the purchase agreement, which shall be satisfactorily performed;
  • repairs to latent/hidden defects for a period of one year, which covers repairs of all serious non-apparent construction defects discovered within one (1) year following acceptance of the building;
  • repairs to faulty design, construction or production of the work, which are apparent or which appear within (5) years following the taking possession of the building.
For more information, visit the website of La Garantie Habitation des Maîtres Bâtisseurs

Guarantee plan of GARANTIE DES IMMEUBLES RÉSIDENTIELS INC. (GIR)

The "Garantie des Immeubles Résidentiels Inc." (GIR) from the "Association des professionnels de la constrution et de l'habitation du Québec" (APCHQ) was created in 1976. It is an optional guarantee that provides coverage for homes that are not currently covered by the mandatory guarantee plan under the Regulation respecting the guarantee plan for new residential buildings.

The GIR from the APCHQ guarantees certain legal and contractual obligations of accredited businesses. In case of default on their part, the GIR will endorse some of the responsabilities of the contractors it has accredited. The plan is intended to protect the investment of buyers, in accordance with the coverages described in the guarantee certificate.

For more information, visit APCHQ website

Guarantee plan of QUALITÉ HABITATION

The guarantee plan of ACQ Inc. (PGAI) provides coverage for certain buildings that are not covered by the mandatory guarantee plan:

  • protection of down payments of up to $30,000;
  • repairs to patent defects and completion of the work;
  • protection against hidden defects for a period of 12 months;
  • protection against construction defects for a period of 5 years.
For more information, visit Qualité Habitation website

The new residential building contractor who holds a class 1.1.2 licence

To be covered by a guarantee plan, The contractor of new residential buildings must hold a class 1.1.2 licence to enable it to carry out construction work relating to:

  • a multifamily building held in divided co-ownership (condominiums), of combustible construction or non-combustible construction, the latter comprising no more than 4 private portions stacked one above the other, without taking into account, in the calculation of these 4 portions, private areas used as parking or storage spaces;
  • a single family detached, duplex or town house dwelling, whether or not it is held in divided co-ownership.
You can check if your contractor holds a valid licence from the Régie du Bâtiment du Québec (RBQ)

The new residential building contractor who holds a class 1.1.1 licence

To be covered by a guarantee plan, The contractor of new residential buildings must hold a class 1.1.1 licence to enable it to carry out construction work relating to:

  • a single family detached, duplex or town house dwelling, whether or not it is held in divided co-ownership (condominium);
  • a multifamily building, from a duplex to quintuplex, that is not held in divided co-ownership;
  • a prefabricated home.
You can check if your contractor holds a valid licence from the Régie du Bâtiment du Québec (RBQ)

Consultation Service

Before signing, why not have the documentation provided by the contractor and the preliminary contract examined by a notary.

Online consultation service with ScriptaLegal

Required documents

The developer must give you a memorandum at the time of signing the preliminary contract.

Non-mandatory guarantee plan

For this type of building no guarantee plan is mandatory, but it is best that the contractor subscribe to a plan. There are three guarantee plans, namely:

Guarantee Plan for co-ownerships

For this type of building, the gurantee plan developed by the Garantie de Constuction Résidentielle (GCR) is mandatory.

The GCR is an independent organization that inspects construction sites, at various stages. Thus, it ensures that the properties for which the GCR offers a guarantee plan are built in compliance with construction quality standards generally accepted in Quebec.

Prior to signing any preliminary sales contract, it is essential to check the accreditation of the contractor and its project with the GCR.

You can check whether or not your contractor is accredited by the GCR

Prior research

It is best to do some research before embarking on any construction project with a developer:

  • Ask for references;
  • Get in touch with former clients to learn about their level of satisfaction;
  • Do some internet research;
  • Visit other buildings built by the same developer.

Enquiries with municipal authorities

To avoid unpleasant suprises, it is best to conduct audits with the municipal authorities as regards the recommended payment method for the installation of various infrastructures (street, sidewalk, sewer, water system, etc.)

Consultation Service

Before signing, why not have the documentation provided by the contractor and the preliminary contract examined by a notary.

Online consultation service with ScriptaLegal

Guarantee Plan

The Garantie de Construction Résidentielle (GCR) is an independent organization that inspects construction sites, at various stages. Thus, it ensures that the properties for which the GCR offers a guarantee plan are built in compliance with the building construction quality standards generally accepted in Quebec.

Before signing any preliminary sales contract, it is essential to check the accreditation of the contractor and its project with the GCR.

You can check whether or not your contractor is accredited by the GCR

Prior research

It is best to do some research before embarking on any construction project with a developer:

  • Ask for references;
  • Get in touch with former clients to learn about their level of satisfaction;
  • Do some internet research;
  • Visit other homes built by the same developer.

Mortgage loan insurance

The mortgage loan insurance premium required by the Canada Mortgage and Housing Corporation (CMHC) is calculated as a percentage of the loan and it is based on the size of the down payment.

  • Note: Your down payment must represent at least 15% of the purchase price for buildings with five dwellings or more.
For more information, visit the CMHC website

Contact your financial institution to complete these steps.

A pre-approval will confirm that your financial institution has reviewed your credit report, your income, your credit rating and will also confirm in writing the maximum price you can afford to pay for a property. You can also:

  • calculate your monthly budget;
  • determine the type of mortgage that meets your needs;
  • check out all the available prepayment options.
For more information, visit

Support service

Before presenting your purchase offer, a support service is available for you to review your document.

A support service is available on

Indivision agreement between joint purchasers of a real estate property

To avoid any possible issues when buying a property jointly with other people, it is useful to sign an indivision agreement between joint purchasers or co-buyers.

You may be eligible for certain municipal or government home ownership programs

It is always suggested to inquire about the various home ownership programs that can be offered by municipalities and/or governments and to which you may be eligible. For example, some municipalities grant, subject to certain conditions, various benefits and even financial assistance to their new residents.

Asset protection trust

Document that creates an autonomous patrimony into which certain assets can be transferred.

To create an asset protection trust, visit

Shareholder Agreement

Your shareholder buy-sell agreement allows you to organize the administration of your business corporation and plan the disposition of shares upon the death or withdrawal of a shareholder from the corporation.

Prepare your shareholder agreement yourself online with

Cohabitation agreement

Common-law spouses, your cohabitation agreement may include provisions for individual contributions during the cohabitation as well as for child custody, property partition, and other provisions in case of separation.

Drafting and registration of a declaration of family residence

To protect his or her rights, a spouse may, if desired, register a declaration of family residence under the Civil code of Quebec.

To register a declaration of family residence visit

We hope that this information will help you plan properly for the protection and transfer of your wealth.

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