Real Estate Law
For a solid foundation
Whenever the law and real estate intersects, we can provide legal advice and guide you through your transaction. Here is a detailed list of various legal documents which we can prepare or review on your behalf.
Purchase, sale and transfer of a residence
You wish to sell or buy a property? We can assist and execute your transactions in accordance with the law. Whether for drafting contracts, reviewing specific rules or transacting all types of properties, we can ensure a smooth and effective execution for your transaction in order to provide good and valid title.
The donation is the act of giving property (an asset) or a sum (amount) of money without compensation. If you wish to donate your property to your child/children during your lifetime, let us help structure the donation and help you better understand all the consequences, including tax https://www.bourassaboyer.com/en/about-us/our-distinct-legal-entities/bourassa-boyer-juri-fisc-inc/,that could arise from this decision.
Thanks to our multidisciplinary network, we can rely on our tax colleagues at Bourassa Boyer Juri-Fisc inc. for assistance in more complex situations like, for example, when non-residents are involved.
Offer to purchase
The offer to purchase is the document in which a buyer and a seller agree on the sale of a property. Caution is required before signing any written document. Ask one of our experienced notaries for advice because, once the offer to purchase is signed and accepted, it is very difficult to modify its terms or to cancel the transaction without legal or other consequences.
Refinancing and immovable or movable hypothecs
In the eyes of the law, the notary ensures the proper execution of real estate and financial transactions. After choosing your financial institution, we can assist you in obtaining financing from your lender. We will ensure that all parties are protected and that all of the lender’s pre-funding conditions are met. Once all conditions are satisfied, we will request and remit the funds to safely conclude the transaction.
Release and discharge
A release or discharge is required to cancel the registration of a hypothec with the land register for your immovable property or with the register of personal and movable real rights (RDPRM) for your movable property. This procedure is applicable when you have fully repaid a mortgage or a loan guaranted by the property. We can ensure that this cancellation is done on a timely basis.
An easement (or servitude) is a charge against an immovable called «servient land» in favor of another immovable called «dominant land» which benefits the latter’s owner. For example, you own a cottage that is landlocked and agree with your neighbour to circulate on part remains protected if ever his property is sold, we can prepare and publish a deed of servitude which will protect your rights.
Leases between individuals
The lease is a legal document in which a landlord (owner) agrees to rent a movable or immovable property to a lessee under certain terms and conditions (ie price, term, etc). You are planning to lease out one of your properties or rent the property of a third party? Come and meet us so we can advise you of the terms and conditions to include or avoid, depending on your needs and intentions. It is important to remember that a lease is a binding legal document from which important legal consequences may arise.
Did you know that when you purchase a property with one or more individuals, you become an undivided co-owner? It is in your best interest to establish a written agreement on the modus operandi of this undivided co-ownership. The indivision agreement is the perfect document to do so! After reviewing your needs, we can identify and document how various situations will be governed in advance, like the duration of the indivision, the death of one of the undivided co-owners, the sale by one of them, the allocation of expenses, etc.
This document is necessary when you live in co-ownership with others. The declaration of co-ownership includes the constituting act, the by-laws of the immovable and the description of the fractions (private and common). You are a developer looking to build a condominium project? We can assist you in creating and drafting a co-ownership agreement. You are thinking of buying a condo unit and want to make sure that the building rules suit you? Contact us so we can review the co-ownership agreement and help you make a sound decision regarding your new investment.