Attention to acts reserved for other professionals!

Being a licence holder involves several tasks and responsibilities. However, certain acts are reserved for other professionals, including lawyers or notaries, pursuant to the provisions of the Act respecting the Barreau of Québec and the Notaries Act, such as:

• Sending a letter on behalf of the landlord to a tenant requiring him to pay the rent due, otherwise legal proceedings will be brought against him;
• Representing the landlord in legal proceedings before the Tribunal administratif du logement for example;
• Preparing and drafting an agreement, request, regulation, resolution or any other document of the same nature relating to the constitution, organization, reorganization, liquidation, merger or dissolution of a legal person;
• Providing legal opinions or advice are acts reserved for legal experts.

You cannot give such advice, such as whether or not to take legal action. Vigilance is therefore required in order to act within the limits of one’s role and not interfere into the sphere of acts reserved for other professionals.

For example, if you are found guilty of practising the lawyer’s or notary’s profession illegally, you may be exposed to heavy fines by the Court of Québec:

• For a first offence:
  • In the case of a natural person, fines range from $2,500 to $62,500;
  • In the case of a legal person, fines range from $5,000 to $125,000;
• The minimum and maximum fines are doubled for a second or subsequent offence.

Such a condemnation should also be disclosed to the OACIQ as soon as possible.

Therefore, when a similar situation arises, the broker must refer the client to a competent professional, such as a lawyer or notary.

In addition, when a broker refers a client to a professional, he must first make sure that the latter holds a valid title. Verification can be done directly with his professional order.

For more information, see the following article on oaciq.com: Your broker’s network: A must for your real estate transaction.