Public articles

May 07, 2024

Remuneration payable by the buyer: Exclusive brokerage contract – Purchase

When entering into a brokerage contract to purchase, the client can negotiate the rate or percentage of remuneration to be paid to the broker. This remuneration, often referred to as a “commission,” is not regulated by the Real Estate Brokerage Act or the OACIQ, or by any other law, but rather is determined by free competition.

June 09, 2021

New OACIQ promise to purchase forms in effect as of June 22, 2021

As part of the measures implemented to address the issues raised by the overheated housing market, the Ministry of Finance and the OACIQ have agreed to amend the promise to purchase forms to reinforce the messages pertaining to the risks of waiving a pre-purchase inspection.

August 26, 2019

Broker’s duty to disclose: An added protection

The real estate broker has the obligation to inform the parties engaged in a transaction of any known factor that may adversely affect buyers or sellers or the very object of transaction.

September 19, 2018

Properties located on former landfill sites: clarifications by the OACIQ

Following a report on the program La Facture on September 18, 2018, the OACIQ would like to make the following clarifications.

March 05, 2018

Very low offer price: The obligations of brokers involved

When selling a property, it may happen that a buyer wishes to make a very low offer. Here are the duties of brokers involved in three common situations.

August 29, 2016

Importance of an up-to-date certificate of location

Whether you are selling or buying a home, the certificate of location is a document that will provide you with very useful information.

June 09, 2016

Tips for a successful open house

An open house will soon be held in the property you wish to sell? Your broker will help you before and during the event.

March 03, 2016

Five things your broker must do or say

Doing business with a Québec real estate broker is to be assured that your transaction is protected.

October 16, 2015

Selling a property with a heat pump: Watch out for drafts

When a brokerage contract is signed, the broker may note that the property has a heating or air conditioning unit installed, a heat pump for instance. This type of unit has often been purchased by the owner under an instalment sale contract with a merchant. What are the ramifications for the broker when selling an immovable with a heat pump?

July 14, 2014

Are you preoccupied by the occupancy date?

Clause 11.2 of the Promise to purchase specified the date at which the selling owner agrees to make the premises available to the new buyer. Sometimes the buyer wishes to occupy the premises before the date of signing of the act of sale. The OACIQ strongly advises against this practice since there are major risks involved for the seller in granting such a right to the buyer.

December 18, 2013

Disclosure of a suicide: the Superior Court confirms the usefulness of the declarations by the seller

On November 21, 2013, the Superior Court determined, in Fortin c. Mercier(1) judgment, that the seller of an immovable had the obligation to inform buyers that a violent death had occurred therein.

July 15, 2013

Exercising servitude rights when using the distribution grid

During a real estate transaction, real estate brokers often have to deal with cases of non-compliance with the obligations or rights contained in Acts of Servitude. Infringement of a servitude may delay the finalization of a transaction, and often causes problems between the seller, buyer and creditor. Hydro-Québec regrets having to do so, however, as the owner of a distribution network, it must assume its obligations and responsibilities.

May 01, 2013

Publication of sold price

The OACIQ’s position is the following: as long as the deed of sale has not been published in the land register, the price indicated in the deed of sale constitutes confidential information and must be treated as such by real estate brokers. They may not make this price public without the written consent of the parties to the transaction (i.e. of the buyer and the seller), nor use it in any advertising or allow anyone else to do so.

March 25, 2013

Notice to the Land Register in case of land contamination

The Environment Quality Act (''the Act'') establishes rules regarding land protection and rehabilitation in case of contamination. It is supplemented by the Land Protection and Rehabilitation Regulation, whose purpose includes setting out the types of industrial or commercial activities that require a particular treatment and establishing contamination limit values beyond which rehabilitation measures must be undertaken.

March 22, 2013

Abiding by the Act respecting Tourist Accommodation Establishments

In the course of their activities, some licence holders act as intermediaries for the short-term rental of cottages, houses or apartments. Considering their duty to verify, inform and advise, these brokers would be well-advised to know the ins and outs of the Act respecting Tourist Accommodation Establishments.

January 31, 2012

Factors that may affect the decision of a buyer

Any broker has the obligation to inform the parties engaged in a transaction of any known factor that may adversely affect buyers or sellers or the very object of transaction.

November 07, 2008

Existing inspection report: What is the proper procedure for the real estate broker?

The Regulation respecting brokerage requirements, professional conduct of brokers and advertising (hereafter “the Regulation”) states that a broker or agency executive officer must take steps, in accordance with accepted practice, to learn of any factors that may adversely affect the party represented by them or the agency for which they act, the parties to the transaction or the very object of the transaction.

September 19, 2008

Telephone solicitation rules

All real estate agencies and brokers who canvass using unverified telephone lists are subject to CRTC Rules. 

July 16, 2007

“Residential” or “Commercial” Brokerage: Ethical obligations are the same for all

Some real estate brokers and agencies offer services in more than one field of practice, i.e. residential and commercial and therefore do not specialize only in commercial transactions.

March 17, 2006

Verifying right of ownership restrictions and consulting the online land register

Just as he must verify the features of an immovable, the real estate broker must know and verify the characteristics of the immovable’s right of ownership under private and public law.

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