At the signing of the deed of sale

Oligations and responsabilities

• What are the obligations of the seller towards the buyer ?
• What is the legal warranty?
• What is the warranty of ownership?
• What is the warranty of quality?
• What does the statement that the sale is made at the risk and peril of the buyer mean?
• Can the legal warranty be limited or excluded?
• What can the buyer do when he discovers a defect affecting his ownership or the quality of the property?
• What can the seller do when being sued for breach of warranty?
• Should the seller obtain authorizations before selling his real estate property?
• What is a latent defect?

Fees and adjustments

• What are the expenses that I should expect when selling a real estate property
• Of what consist the adjustments?
• How the adjustments relative to the municipal taxes are calculated?
• How the adjustments relative to the school taxes are calculated?
• For a single-family house, how the adjustments relative to a rent are calculated?
• How the adjustments relative to the common expenses of divided co-ownership are calculated?
• For a multi-housing, how the adjustments relative to rent are calculated?
• At the time of sale of a divided co-ownership, what to do with the special contributions?

Spouse's intervention

• Why is it sometimes necessary to obtain the intervention to a deed of sale of a married spouse or a civil union spouse who is not the owner?
• Why the married or civil union spouse who is not the owner of the property must intervene and sign the deed of sale?
• Why the spouse who is not the owner and who is married under the regime of community of property and without a marriage contract, must intervene and sign the deed of sale?
• Why the spouse who is not the owner of the real estate property and who is married under a foreign matrimonial regime must intervene and sign the deed of sale?
• Why the married or civil union spouse who is not the owner of the real estate property and who is de facto separated or legally separated must intervene and sign the deed of sale?

Power of attorney

• What is the use a power of attorney?
• What must contain the power of attorney?
• Who chooses the mandatary?
• What are the powers of the mandatary?
• What are the obligations of the mandatary?
• During the execution of a mandate, can the personal responsibility of the mandatary be involved?
• Can a mandatary delegate, to another person, the powers which he holds pursuant to his mandate?
• Within the execution of his mandate, is the mandatary entitled to a remuneration?
• Must the power of attorney be necessarily notarized?
• Must a power of attorney signed outside of Quebec meet certain requirements?
• What are the acts which can be delegated pursuant to a mandate?
• Is there a limited number of powers of attorney that can be signed?
• When does a mandate come to an end?