KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (QUÉBEC) LAW –
Unlike the other Canadian provinces and territories, which are all common law jurisdictions, Québec is a civil law jurisdiction. It is governed by the Civil Code of Québec, originally inspired by the French Napoleonic Code, and therefore quite distinct from other Canadian legal systems. In Québec, real estate is categorized as being immovable (real) property, as opposed to movable (personal) property. Both lawyers and notaries handle Québec real estate transactions, but only notaries may receive deeds creating encumbrances (hypothecs, known as liens or mortgages in other jurisdictions). Québec notaries are not analogous to notaries public in other jurisdictions; they receive the same legal training as lawyers but are members of the Chamber of Notaries and graduate from its distinct post-university program, specializing in real estate matters.
I. STANDARD FORMS OF AGREEMENTS –
Residential Transactions – Pre-Sale Documents –
All Québec licensed real estate brokers governed by the Real Estate Brokerage Act (Québec) and its Regulations are required to use the following forms provided by the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) when preparing brokerage contracts as well as the following agreements for the purchase, sale and lease of immovables…
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