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12. Annexes

Several of the terms and conditions between the broker and the seller can be set out in documents other than the brokerage contract. If this is the case, these documents must be annexed to and become an integral part of the contract. The mandatory forms Exclusive brokerage contract – Sale (EBCS) and Non-exclusive brokerage contract – Sale (NEBCS) provide for this in clause 12.1.

The form first refers to the Declarations by the seller of the immovable, which is required to be annexed to the brokerage contract, then to Annex G – General, which the broker can use to add or modify certain terms and conditions.

The clause also refers to Annex RC – Remuneration and Costs, which must be used to complete the terms pertaining to the broker’s remuneration by providing for another method of remuneration, supplemental costs or an advance on remuneration or costs.

The other annexes referred to in section 12.1 of the brokerage contract consist in any other document that the seller and the broker wish to annex to the agreement and whose content will form an integral part thereof. This can be a form published by the OACIQ, a document prepared by the broker, a marketing plan, etc.

For more information: Guideline – Verification, information and advice

Last updated on: May 18, 2023
Reference number: 264966