Real Estate Brokerage Act
1Does an agency that holds a real estate agency licence AND a mortgage agency licence have to be represented by only one executive officer or can it have two, i.e. a real estate broker for the real estate agency licence, and a mortgage broker for the mortgage agency licence?
2Can an agency bill non-refundable file opening fees and collect them before rendering any services?
3Can an advance on remuneration be collected under a brokerage contract for the sale of a chiefly residential immovable containing less than 5 dwellings?
4As a broker, if I sell my spouse's immovable or enterprise, am I entitled to remuneration?
5Does a broker have an obligation to present all the properties that correspond to a buyer's needs even if the broker feels that the remuneration offered to the buyer’s broker is insufficient?
6Is it possible for a buyer to have his deposit placed into a notary's trust account or submit a deposit directly to the developer – seller (new construction) in connection with a transaction?
7What should a broker do if a promise to purchase is presented after the brokerage contract is signed but before the property is listed in Multiple Listing Service?
8How does the mechanism concerning a change of agencies provided in various brokerage contract forms apply to brokerage contracts signed as a team?
9In a team environment, can another member on the seller’s broker's team represent the buyer?
10Who must issue the notice of departure of a broker acting for an agency?
11Should a brokerage transaction concerning an agricultural property be considered as part of the field of practice of licence holders authorized to work in commercial brokerage?
12What are the limitations of remuneration sharing for the sale of a business (no immovable included in the sale)?
13Does the brokerage contract always have to contain the same stipulation that must appear in the property description, namely it does not constitute an offer or a promise that can bind the seller, but rather an invitation to present such offers or promises?
14Does a broker who owns a condo unit who puts another unit in the same immovable up for sale have to make a disclosure (indirect interest)?
15Is it possible to require proof of the rate offered to the client in the brokerage contract to ensure that there is a correlation between the rate mentioned in the property description and the rate mentioned in the contract?
16Can a licence holder restricted to residential brokerage direct a client to a full-service broker or a broker restricted to commercial brokerage?
17Can a broker restricted to residential brokerage sign a commercial brokerage contract for a co-listing with a broker restricted to commercial brokerage or a full-service broker?
18Is a licence holder required to always make sure that the broker with whom he is collaborating is truly approved for his field of practice (ex.: must he make sure that the broker from whom he receives a promise to purchase on a residential building is not restricted to commercial brokerage?)
19What should the seller’s broker do if he finds that the person acting as broker for the buyer is not authorized to do so, either because he is not a licence holder or because the licence he holds is restricted to another field of practice?
20In the event of a change in the terms of the shared remuneration offered to the buyer’s broker, does one need to amend the brokerage contract, or can one simply inform the selling client?
21The regulations stipulate mandatory statements that must appear on a description sheet. Since various reports can be generated from the databases of real estate boards, which of these reports must contain these mandatory statements?
22The regulations stipulate that the seller's contact information must appear on description sheets. Are the reports that can be generated from the databases of the various real estate boards all required to contain this information?
23What are the obligations of a broker who leases an immovable or enterprise in which he holds a direct or indirect interest?
24Can a broker or agency from another jurisdiction carry out real estate brokerage activities in Quebec, including leasing brokerage?