Brokerage contract

In 2010, the Court of Appeal, the highest court in Québec, handed down a major decision for real estate brokerage in a case where the Association des courtiers et agents immobiliers du Québec (ACAIQ) – now the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) – appeared, first in the trial court, and later in the Court of Appeal, to argue its position.

The OACIQ has recently announced that as of December 1, 2012, the following forms must be used to conclude the lease of a dwelling: New forms for residential lease 

On October 24, 2012, the OACIQ announced the availability of the following forms which will be recommended for transactions concerning a vacant lot, a commercial or industrial immovable or a chiefly residential immovable containing five dwellings or more.

Can I guarantee to my client the sale of his property and thus acquire it if the sale does not take place with a third party before the deadline?

All will depend on your real intention.
 

Since May 1, a ''Transitional Annex'' form must be attached to any brokerage contract entered into on or after that date. We remind you that a PDF version of this form was made available on Synbad on April 20. A carbonless paper version is also available from the Synbad online store.

INSPECTION CAPSULE

The Professional Inspection Department has noticed a lack of understanding of the principles governing the receipt of a sum for another and the management of a deposit.

PRACTICES SERIES

Before listing a mobile home, a broker must first determine whether it is a movable or an immovable. Under the Civil Code of Québec, a mobile home is a movable. However, the Civil Code also includes circumstances where it can be considered an immovable.

Good professional practices dictate, among other things, that an agent should discover and disclose any unfavourable factor related to an immovable in order to inform the buyer. To do so, he must question the seller and inform him of his obligations.

PRACTICES SERIES

Sometimes a seller may have particular requirements regarding the timing for submitting promises to purchase to him regarding an immovable for sale. For example, a seller may want to consider all promises to purchase at the same time, on a predetermined date.

PRACTICES SERIES

Many real estate agents are asking whether it is a good idea to let the seller fill out the form Declarations by the Seller of the Immovable (DS) or whether the agent should do it as a matter of course. The ACAIQ recommends that the agent fill out this form with the seller’s assistance.