Mandatory forms for any transaction with the Public Curator

Since April 3, 2018, the following forms have been available electronically via the InstanetForms^TM tool and must be used for any transaction concerning properties administered by the Public Curator:

• Promise to purchase – Public Curator
• Annex – Divided co-ownership – Public Curator
• Annex – Undivided co-ownership – Public Curator
• Counter-proposal to a promise to purchase – Public Curator
• Amendments – Public Curator
• Enhancements prior to acceptance – Public Curator

Important things to keep in mind

1. The Brokerage contract – Sale of an immovable and the Brokerage contract – Residential lease to be used for this type of transaction are the ones edited by the Public Curator and sent by the Public Curator’s representatives rather than the different OACIQ brokerage contract forms.
2. Due to the condition of the administered immovable, the mental state of the person represented and the limited knowledge about the immovable held by the Public Curator’s representatives with whom the real estate broker is dealing, the Declarations by the seller of the immovable form shall, exceptionally, not be used.
3. The Promise to purchase – Public Curator form is mandatory for all transactions concerning an immovable whose administration is entrusted to the Public Curator (including immovables containing more than five dwellings).
4. If the immovable concerned is held in divided or undivided co-ownership, the Promise to purchase form must then be supplemented by any of the annexes relating to these types of immovables. The Promise to purchase – Public Curator form refers specifically to these annexes, if applicable.
5. The Public Curator never has to sign before a witness. That’s why, exceptionally, no space is provided on the forms (except in the Counter-proposal form, as it is not possible to determine in advance whether the Curator will act as a respondent or counter-proposer – see item 6). For his part, the buyer must sign before a witness.
6. In the Counter-proposal form, the space provided for the witness’ signature must be crossed out when a Public Curator’s representative signs.
7. At the Public Curator’s request, since December 2, 2019, you no longer need to indicate the name and status of the promisor-seller (Public Curator) when advertising the property for sale on the public platform (accessible to any Internet user) of the information listing services for agencies and brokers. However, the name and status of the promisor-seller must be included in the property sheet accessible to subscribers of this type of services.
8. When it comes to leasing immovables administered by the Public Curator, the latter does not intend to use the Promise to lease form, wishing that the lease be submitted directly to the parties.