Forms and contracts

Concerning the sale of a house by its builder or a developer to a natural person who acquires it for their own use, the Civil Code of Québec calls for the use of a preliminary contract, even if the parties involved are represented by a real estate agent.

Starting in June 2003, all mandatory and recommended forms published by the Association will be available via the acaiq.com Website's Extranet. This section will be accessible to ACAIQ members only and will soon also include an on-line store and member services.

You are already aware of your obligation to complete a notice of disclosure to disclose the existence of any conflict of interest in a real estate transaction, whether in the performance of your duties or not (section 22 of the Real Estate Brokerage Act). However, real estate brokers and agents sometimes have trouble completing this notice of disclosure, especially when it comes to the identity of the intended contracting party and the documents to be transmitted to the ACAIQ. To help you identify the intended contracting party, we have added the following to section II of the form: “Identify the contracting party to whom you must disclose your quality as certificate holder and not the person with whom you have a connection”.

You must transmit a copy of the duly completed and signed notice of disclosure as well as a copy of the promise to purchase and its attachments to the ACAIQ as soon as possible, i.e. before the date of signing of the notarized act. The purpose of the disclosure is to create a level playing field for all parties; it is therefore crucial that the intended contracting party receive the information before the promise to purchase.

Failure to complete a notice of disclosure can have disciplinary and civil repercussions. For a clearer understanding of your obligations, we suggest reading the following articles:
Who is this mysterious prospective contracting party?, ACAIQ Magazine / October 1999
Cottage, lake, rosebushes Goodbye to all that!, ACAIQ Magazine / September 1994
When agents sell their own homes / ACAIQ Magazine / March 2001

Often in real estate transactions, inclusions and exclusions are not clearly identified, which leads to conflict.

The year 2002 was a record year for certificate renewals. A total of 11,147 certificates were renewed, a 12% increase over 2001. In addition, the number of candidates to the entrance examination increased by 20% over last year. A total of 1,596 candidates took the affiliated agent examination and 102 wrote the chartered broker or agent examination. The success rates were 88.5% and 74.5% respectively.

Brokerage Contract – Purchase Committee
Serge Brousseau, chairman
David Farber
Paul Robert
Daniel Pelchat

President and Chief Executive Officer’s Evaluation Committee
Serge Brousseau, chairman
Robert Aubin
Pierre Paradis
Daniel Pelchat

Syndic’s Evaluation Committee
Serge Brousseau, chairman
Robert Aubin
Pierre Paradis
Raymond Desbiens

Finance Committee
Daniel Pelchat, chairman
Serge Brousseau
David Farber
Jean Mathieu

Education Committee
Robert Aubin, chairman
David Farber
Serge Brousseau
Jean Mathieu
Diane Bourbonnière

Professional Inspection Committee
Raymond Desbiens, chairman
Jean Laurin
Christiane Saint-Jean
Pierre Martel
Toufic Noubani

Committee on the commercialization of electronic forms
Diane Bourbonnière, chairman
Serge Brousseau
Daniel Pelchat
Johanne Roy

Committee on the nomination and compensation of Discipline Committee members
Serge Brousseau, chairman
David Farber
Pierre Lafond
Daniel Pelchat

Real Estate Brokerage Award Committee
Madeleine Plamondon, chairman
David Farber
Jean Mathieu
Serge Brousseau

Discipline Committee

Please take note that the sale price will be increased by $5.00 each pack of forms produced by the Association des courtiers et agents immobiliers du Québec, starting January 1st, 2004. This increase applies to all ACAIQ mandatory and recommended forms.

We remind you that a new version of Annex B – Residential Immovable has just been released by the ACAIQ. It is now available and it will become mandatory to use it on January 1, 2003.

All real estate brokerage forms published by the ACAIQ are available now via the Extranet on the acaiq.com Web site, at the attractive cost of $79 per annual subscription. The introduction of the “ACAIQ Forms” online service coincided with the launch of the Association’s Extranet, a cyberspace for the exclusive use of real estate brokerage certificate holders. In addition to e-forms, the site will feature various member services as well as an e-Store, the details of which will follow shortly.

Developed jointly with Telus Business Solutions, “ACAIQ Forms” will enable users to generate forms based on their needs, to enter information in the appropriate fields and to save the forms on their own computer or a server. They can also modify, email and print the forms in an unlimited number of copies, on the paper of their choice.

E-forms are automatically personalized with the user’s name, enabling brokers and agents to present high-quality documents to their clients. This software provides significant savings compared to the current cost of traditional forms.

“ACAIQ Forms” uses Windows, Acrobat Approval and Explorer 5.0 technologies. It can be used in one of two ways: the Connected version requires a permanent Internet connection and the installation of Adobe Acrobat Reader, a free software package; the Standalone version requires the installation of Adobe Acrobat Approval software, which is not free but, in addition to the functions of the Connected version, allows you to save a form being edited locally on a workstation, to modify it, duplicate it or simply print it without an Internet connection.