Under this section, we share with you some legal issues, advice and quick tips that, we hope, will help you or let you learn more about your rights and obligations.
The articles are general information. In each situation, the application and interpretation of a law, a regulation or a factual situation may differ. It is preferable to consult our team for more information.
Real Estate Law | New Posts
A mandate, also known as power of attorney, is a contract by which one person (the principal) gives another person (the agent) the power to enter one or more legal transactions with a third party in their name and on their behalf. When you engage the services of a...
In the last article, we presented the concept of servitude and the different means of establishing one. But when it no longer has any reason to exist, how can we put an end to a servitude?
A servitude is defined as a charge imposed on an immovable (the servient land), in favor of another immovable (the dominant land), which belongs to a different owner (article 1177 of the Civil Code of Québec). For example, certain public services (electricity, gas,...
You have just signed a promise to purchase a house and suddenly the seller refuses to follow through on the promise and refuses to sell. What can you do? You can either claim damages for the unilateral termination without right or force the sale by filing a legal...
At the end of your home construction project, upon acceptance of the work, be careful not to accept unreservedly the work, or make the final payment, if some defects are apparent. I have a general contractor A client who accepts the works from a contractor without...
Building a brand new house is such an exciting project! Earlier this month we covered the planning required, as well as the licenses and permits to obtain before construction can begin. Now, with your plans, licenses and permits in hand, comes the time to (finally!)...
When a dispute arises, a legal process can be long and costly. It can also cause anxiety to some people. It is important to know that there are alternatives to settle a conflict, going to court is not the only option. Great solutions are the dispute prevention and...
Every day we enter into many contracts without even realizing it. Indeed, a contract exists as soon as two persons (a company is considered a legal person), commit to do something for each other. A contract is formed by the mere exchange of consent. For example,...
Sometimes, the habits and behaviour of neighbours can lead to conflicts. Therefore the Civil Code of Quebec provides for rights and obligations between neighbours, as well as the municipalities that modify or complete these provisions with by-laws. Although the law...
A question we get often asked relates to the reimbursement of legal fees. Indeed, at the end of a trial, can one be reimbursed by the opposing party for the legal fees that one had to pay? First, it is important to distinguish between legal fees and extrajudicial...
Make no mistake, this article will not discuss of the prescriptions that your doctor writes for you following his diagnosis. Instead, this article will explain the legal concept commonly known as "prescription". In law, there are two types of prescription: extinctive...
It is no secret that the current Covid-19 pandemic is causing real estate fever: more and more people are looking to become homeowners in a saturated market. As a result, the buyer is often forced to acquire a property at over-auction, abandoning the pre-purchase...
The formal notice is often the first step in a dispute. But how useful is it? Why is it so important? This article explains what you need to know about the formal notice. Distinction to be made A formal notice is a written notice sent by the creditor to the debtor,...
Are you thinking about purchasing property in the coming year? Are you wondering what the potential seller's obligations are? Section 1716 of the Civil Code of Québec (hereafter: C.C.Q.) states that the seller is required to: Deliver the property;Warrant...
With winter coming, we will all have to change the summer tires on our vehicles to winter tires. While this may seem trivial, we will have to sign a service contract with a garage. The same applies when we buy a movie ticket or go to the hairdresser. Each of these...
A parcel of land (lot) is landlocked (enclaved) if it has no access to the public road or if this access is insufficient, difficult or impassable. Public roads include not only provincial and municipal streets and roads, but also any road leading to them. The...
It is not uncommon for buildings to be separated by joint works, such as a wall, a fence, a ditch or a hedge. A joint work is one that separates two contiguous properties and is owned jointly by both owners. Like the rest of your property, this joint work requires...
When people say they are co-owners of a property, without knowing it, they are referring to undivided co-ownership, as opposed to divided co-ownership. In practice, being in an undivided co-ownership almost always presupposes a close relationship between the...
Contracts are everywhere and come in different forms, from buying a package of gum to renting a house, to a handshake between two neighbours for an exchange of services. The vast majority of contracts do not involve a lawyer. Lawyers are generally involved when it...
Two-thirds of Canadians own a building, whether it is a house, a condo, a chalet, a farm, etc. Real estate is an area where it is relatively safe to invest, because of its stability and tangibility, as opposed to the stock market, for example. However, every property...
Several myths exist regarding hidden defects. Many people mistakenly believe that these are essentially vices that have been hidden in order to get a better price. Others will say that hiring the services of an inspector or expert protects you from any problems....
The construction industry is difficult and risky: many companies can become insolvent and have to close shop after a project that has gone wrong. In this context, the law gives construction contractors an important privilege, namely the ability to register a notice of...
The law provides that real estate transfer fees must be paid whenever a transfer of immovable property occurs, with certain exceptions. This is commonly known as the welcome tax and it is collected by the municipality. Many exceptions exist in the law and...
Are you tired of spending long hours maintaining your property and considering buying a condo to get rid of this burden? Buying a condo may be the right solution for you, but be aware that in order to avoid future problems, you have some homework to do before making...
Any legal remedy begins with the filing in court of a document called the statement of claim. In principle, this document must then be served by bailiff on the other party, or on each of them if there are more than one. However, you can be properly sued...
