Is it sufficient to send a certified copy of the declaration of co-ownership to the notary?

The wording of clauses 9.1 of the Promise to purchase – Divided co-ownership (PPD) form and 10.3 of the Promise to purchase – Undivided co-ownership (PPU) answers this question.

In a transaction involving a divided co-ownership property, clause 9.1 (Review of Documents by Buyer) of the Promise to purchase – Divided co-ownership (PPD) form allows the buyer to check all co-ownership documents listed automatically therein, including the declaration of co-ownership. If the seller does not have the true copy of this declaration, providing the buyer with a copy certified by the Bureau de la publicité des droits shall suffice according to the wording of this clause.

This is also how must be interpreted the wording of clause 10.3 of the Promise to purchase – Undivided co-ownership (PPU) form in which it is stated that the indivision agreement must be remitted to the buyer. In the absence of a true copy of this document, the seller may provide the buyer with a copy certified by the Bureau de la publicité des droits.

 

Last updated on: April 17, 2019
Numéro d'article: 206639