Forms and contracts
Before you buy or sell a property, why not take a little time to review the OACIQ’s mandatory and recommended forms used by your broker? They will give you a good idea of the main steps involved in a real estate transaction.
Please note that these forms are provided for illustration purposes only and cannot be used for an actual transaction.
An expiry date must be entered in the appropriate space on the mandatory brokerage contract form. If no expiry date is stipulated at the time of signing, the contract will automatically expire 30 days after being concluded (section 36 of the Real Estate Brokerage Act).
Under the Real Estate Brokerage Act, a seller (natural person) may, at his own discretion, cancel a brokerage contract concerning a residential immovable within three days following the day on which he receives a duplicate of the contract signed by both parties.
Information about two components of the legal warranty : the warranty of ownership and the warranty of quality.
Please take note that the sale price will be increased by $2.00 each pack of forms produced by the Association des courtiers et agents immobiliers du Québec, starting January 1st, 2005. This increase applies to all ACAIQ mandatory and recommended forms.
Please note that for the second consecutive year, the electronic version of these forms will be provided free of charge in 2005. To access them, simply register in the Association’s extranet:
In the article (1) on page 11, the ACAIQ stresses the importance of the Multiple Listing Service® (MLS) as a mechanism to promote collaboration in real estate transactions, including through the sharing of information between brokers and agents. However, some clarification is required regarding listing on the MLS or other similar service, especially when the property put on the market is a chiefly residential immovable containing less than five dwellings.
The year 2004 was an exceptional one in terms of certificate renewals. A total of 13,659 certificates were renewed, whereas the ACAIQ membership numbered 12,190 at the beginning of the year. The pilot project for online renewals was very successful.
In addition, the number of candidates to the entrance examination increased by 62% this year. Candidates numbered 3,045 for the affiliated agent examination and 171 for the chartered broker or agent examination. The success rates were 86.9% and 75.4% respectively.
Determining the square footage of an immovable: certificate of location, cadastral plan or acquisition title?
Depending on the circumstances, the certificate of location, the cadastral plan or the acquisition title will be used to determine the square footage of an immovable.
A new pamphlet entitled "Le nouveau cadastre québécois, une réalité !", published by the Direction générale de l’arpentage et du cadastre of the Ministère des Ressources naturelles, de la Faune et des Parcs, highlights cadastral reform plans for 2005-2006.
As part of their professional knowledge, real estate agents should understand certain types of criminal behaviour that might be part of real estate transactions. Awareness of different types of fraud may help a broker advise his clients.
A real estate or mortgage broker whose licence is suspended or revoked is no longer authorized to practice his profession or carry out brokerage transactions. He must cease any real estate or mortgage brokerage-related activity.