Five Main Questions to Ask Your Real Estate Lawyer in Quebec
1. What Are My Legal Obligations as a Buyer or Seller?
Understanding your rights and duties is essential. In Quebec, real estate transactions are governed by the Civil Code, which imposes specific obligations on both buyers and sellers. A lawyer can explain what disclosures are required, what conditions are enforceable, and how to avoid liability for latent defects or contract breaches.
2. Is the Promise to Purchase Legally Binding and Final?
The “Promise to Purchase” (or promesse d’achat) is one of the most critical documents in a transaction. Your lawyer can verify whether the conditions are clear, whether deadlines are realistic, and whether any clauses should be added to protect your interests. Once signed and accepted, this document is legally binding — so it should be reviewed carefully.
3. What Are the Zoning and Land Use Restrictions?
Before finalizing a property purchase, you need to be sure that your intended use is allowed. A lawyer can investigate municipal zoning by-laws and restrictions that may affect renovations, rentals, or new construction. This step is crucial for both residential and commercial buyers.
4. Are There Any Legal Issues Affecting the Property?
A notary can perform a title search to ensure there are no liens, easements, servitudes, or other legal problems attached to the property. They can also verify the accuracy of the certificate of location, ensuring that the building complies with municipal regulations and that boundaries are clearly defined.
5. What Are the Costs Beyond the Purchase Price?
Buyers often overlook additional costs such as notary fees, property transfer taxes (welcome tax), legal fees, and adjustments for municipal taxes. A real estate lawyer can provide a full breakdown of these expenses so you can budget accordingly and avoid surprises at closing.
Allen Madelin Avocats offer consultations both in person and via videoconference. The first consultation is offered for $125.For more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].
