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AFTER THE TRANSACTION: The steps following the Promise to purchase
are interrelated (for example when you sell in order to purchase another home), your real estate broker has a duty to allow
LWhen two or more real estate transactions are interrelated (for example when you sell in order to purchase another home), your real estate broker...has a duty to allow a reasonable
Declarations and obligations of the buyer (PP)
Transfer duties
In Québec, under the Act respecting duties on transfers...The duties must be paid by the buyer of the property. This is specified in clause 7.4 of the Promise to purchase form....
For more information: Property Transfer Duties
Collaboration with the OACIQ
Indemnity Committee to obtain information
Proceeding related to mediation, arbitrage or conciliation conducted by the OACIQ
The duty...Lavoie, 2021 CanLII 27565, the Discipline Committee stated that:
"(TRANSLATION) The first duty...and advertising "imposes on professionals the duty to collaborate during an inspection by disclosing all required information or documents as soon
Municipal by-laws
When a buyer tells his broker his intentions concerning the use he intends to make of the property, or when the broker determines that verification...;
► DUTIES...;
► DUTIES
BEFORE YOU BUY: Making sure you are well prepared
" target="_blank">a broker’s duties and obligations....To find out more, read the section entitled “Duties..." target="_blank">“Duties and obligations of a real estate broker” in this guide.
Guideline – Keeping, using and conserving records, books, accounts and registers
By enforcing the Real Estate Brokerage Act, the OACIQ may conduct an inspection to oversee broker and agency...Therefore, a person having custody, possession or control of the books, registers, accounts, records and other documents relating to the activities of the broker...content_ban-web-synbad-ligne-dir-tenue-dossiers-registres-vang5.jpg" style="width: 100%; height: 100%;" />
You receive a Promise to purchase
However, since the broker representing you must
Exclusive brokerage contract: can the broker authorize his client to offer the immovable for sale by himself?
The exclusivity of a brokerage contract concerns only brokers and agencies....If applicable, the broker will complete the required mandatory forms....Remember that all brokers are required to collaborate with each other and the buyer’s broker cannot contact the seller directly because of the duty to
Inclusions and exclusions as part of a sale
Your broker’s duties
In accordance with his broker can inform and advise you regarding the statements on the legal warranty of quality....Your broker’s role is to help you make the necessary verifications.
Protected adults
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► DUTIES...AND OBLIGATIONS OF THE BROKER
The broker must keep the following documents in the record:BROKER
What documents must the broker obtain and keep in the record?
Collaborating with licensees from other jurisdictions
According to the Real Estate Brokerage Act and its regulations, an agency or a broker may share remuneration resulting from...
An agency or broker may also share remuneration with a person or partnership referred to in section 3 of the Real Estate Brokerage...
It is each person’s duty to make these basic verifications in order to comply with the Real Estate Brokerage Act and not encourage
The different types of enterprises and legal persons
AND OBLIGATIONS OF THE BROKER
Duty to verify
When a broker’s client is an enterprise, the broker must check the enterprise register (https://www.registreentreprises.gouv.qc.ca/en) to fulfil his duty to verify.
What are the phenomena or specifics that may affect your real estate transaction?
Keep in mind that the real estate broker who will assist you throughout your transaction must also meet his duties and ethical duties and obligations ...Real estate brokers have access to an information toolkit about properties that have been flooded....Both the seller’s broker and the buyer’s broker have duties and obligations. They must obtain complete and accurate information about the oil tank.
Foreword-law
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Duties on transfers of immovables
In the course of his duties, a broker is called upon to draw up contracts, draft clauses and manage documents
Immovable property
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► DUTIES...AND OBLIGATIONS OF THE BROKER
Duty to advise
To enable the seller to make an informed decision, the broker must explain his or her obligations arising from the legal warranty of quality
For a clear understanding of the promise to purchase
For the broker, informing you of everything that could affect the transaction for example....
The Real Estate Brokerage Act clearly defines the duties and obligations of the professionals authorized by the OACIQ...So it’s better to discuss it with your broker at the time of the Promise to purchase.
Commercial leasing environment
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Loyalty and representation
Duty...residential-or-commercial-brokerage-ethical-obligations-are-the-same-for-all">“Residential” or “Commercial” Brokerage: Ethical obligations are the same for all and Duties and ethical obligations of my broker.
Restrictions to the right of ownership
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► DUTIES...AND OBLIGATIONS OF THE BROKER
A real estate broker who puts an enclosed immovable on the market...AND OBLIGATIONS OF THE BROKER
The real estate broker must:
Cultural heritage
AND OBLIGATIONS OF THE BROKER
Duty to inform and advise
If a broker represents a client who wishes to sell, purchase or alter an immovable that falls within one of these definitions,...AND OBLIGATIONS OF THE BROKER
When taking up the brokerage contract
General information
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Specific statutes
Several specific statutes have an impact on the real estate broker...
The main purpose of this chapter is to assist the broker in making certain verifications when faced with these special cases....
The usefulness of the following clauses will be discussed:
“All transfer duties have been paid.”
Acquisition of farm land by non-residents
">Duties on transfers of immovables
► DUTIES...AND OBLIGATIONS OF THE BROKER
A broker representing (or providing fair treatment to) a non-resident
Syndic Decision Review Committee
Role and duties of the Syndic Decision Review Committee
To obtain a second opinion
You requested an investigation by the Syndic...
Under the Real Estate Brokerage Act, the SDRC's duty is to issue an opinion on the Syndic’s decision not to file a complaint before...Certified Real Estate Broker
Lyse Le Gal, A.S.C., MBA
André Poulin, Certified Real Estate Broker
Dr.
Identification of the parties (BCS)
However, note that the other obligations and duties of a team leader and team members under the regulations are neither reduced nor changed as a result...The obligations and duties of other team members are in no way changed or reduced as a result of this power of attorney....Duties of team members
CONFIDENTIALITY — Whether they
Income Tax on the sale by a non-resident of Canada
">Duties on transfers of immovables
► DUTIES...or non-resident of Canada, the broker should not express an opinion on this matter.
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