Real estate law in Quebec is governed by the Civil Code of Quebec, which regulates all property transactions, including residential and commercial real estate. It covers areas such as property ownership, purchase agreements, latent defects, and the roles of professionals like notaries and real estate agents. These laws protect both buyers and sellers, ensuring fairness and transparency in all real estate dealings.
Do you need professional advice on real estate matters in Montreal? Our legal team is equipped to provide guidance on a wide range of topics, including latent defects, deed execution, and the roles of various professionals involved in real estate transactions. Whether you’re a business owner, residential or commercial property owner, or investor, we’re here to help with your buying and selling transactions.
At Allen Madelin, we have extensive experience in real estate law and offer representation and advice in cases involving latent defects, defects in title, land easements, rights of way, and real estate litigation. Our lawyers are available to answer your questions and support you in any legal proceedings you may wish to undertake.
A defect is said to be "hidden" if it is not apparent, cannot be detected by simple examination, is unknown to the buyer and existed at the time of the transaction. This notion of hidden defects applies to the entire property purchased.
As the seller, you are responsible for hidden defects, even if you were unaware of them at the time of sale. However, you are not liable for apparent defects, those that you have notified to the buyer, or those that the buyer knew about or could have seen at the time of the transaction.
As a buyer, you don't have to hire a home inspector before making a purchase. However, defects that a vigilant and attentive buyer might have detected are not guaranteed by law. It is therefore advisable to obtain a legal warranty of quality or a warranty against hidden defects when purchasing a property.
Whether you're buying or selling, we're here for you. Contact us to arrange an initial consultation with our legal team. To better serve you, please also consult this list of documents required for hidden defect proceedings.
If you are considering entering into a commercial lease, our lawyers can guide you through the legal process and ensure that you understand your rights and obligations as a landlord or tenant.
We can also review the rental contract with you before signing to ensure that your needs and expectations are adequately reflected in the contract.
We can also answer any questions you may have about the interpretation of your contract. We can also assist you in the legal process to assert your rights.
If you have any questions, please call us to arrange a consultation with our lawyers. To better serve you, please also refer to this list of information required for commercial lease issues.
Our team of real estate lawyers is available to provide you with comprehensive legal assistance tailored to your needs. Our services include:
- Provide information on the regulations in place for real estate transactions;
- Negotiation assistance;
- Help with drafting letters of intent, purchase offers and preliminary sales agreements;
- Publication of sales contracts;
- Legal advice on property ownership and acquisition.
Contact us for further information. Please also refer to this list of documents required for real estate transaction issues.
Do you need a real estate lawyer in Montreal? Have you found yourself in a situation where your buyer is not respecting the terms of a signed promise to purchase, or the seller is refusing to recognize a defect you've pointed out? Perhaps a buyer has withdrawn his or her promise to purchase, but you still want to complete the transaction?
Our lawyers can meet with you for an initial consultation to discuss your situation. Thereafter, we will be happy to represent you throughout any proceedings you may wish to undertake.
Contact us to learn more.