Should the seller obtain authorizations before selling his real estate property?

The law provides for situations where an owner of a real estate property must obtain a specific authorization prior to the sale of his property.

Upon the sale of the family residence, the owner will have to obtain the written consent of his or her spouse, generally through an intervention on her part to the deed of sale.

When the real estate property belongs to a minor or an incapacitated adult, the tutor of the latter will have to obtain an authorization from the Court in order to proceed with the sale of such a property.

In the case of a sale with an assumption by the buyer of an existing mortgage debt contracted by the seller, the prior authorization of the mortgage lender is required.

The sale of an immovable/real estate property located within an agricultural zoning may also be subject to an authorization by the Commission de la protection du territoire agricole (Agricultural Land Protection Commission) given the restrictions provided in the Act Respecting the Preservation of Agricultural Land and Agricultural Activities.

If the real estate property is a classified heritage property, or a recognized heritage property, a property located in a protection area, or a heritage site, the seller will have to obtain certain authorizations from the Ministry of Culture and Communications of Quebec.

Finally, the sale of a property located in a housing complex as defined by the law is subject to the authorization of the Régie du logement (Rental Board) of Quebec.