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Property off the market, termination of contract: Concepts not to be confused
Unlike termination that puts an end to the brokerage contract...contract using the mandatory form “Amendments” to specify the period during which the property cannot be visited....">Brokerage contract: The right to change one's mind
Inclusions and exclusions as part of a sale
This information must be entered in the brokerage contract and on...the OACIQ concerning inclusions and exclusions:
If you are the seller, your broker must specify them in detail under section 4 of the form...brokerage contract to sell
Keeping of records and registers
or other if no mandatory form is used)....of an immovable, whether or not it is written on an OACIQ form....The refused transaction proposal, together with any related forms or annexes, will therefore be placed in:
The real estate brokerage
Launch of the Mandatory Continuing Education Program for all Québec real estate and mortgage brokers
estate and mortgage brokers
Brossard (Québec), April 30, 2015 – Starting tomorrow, the world of real estate and mortgage brokerage...
Under the new Program, each holder of a brokerage licence issued by the OACIQ must, during the first cycle of the Program which extends from...Act, contracts and forms, assessment of the market value of an immovable, financing, environmental issues, and more.
Oversight of licensees and employees
For example, a broker who holds a licence restricted to residential brokerage cannot be a co-lister in a brokerage contract for a commercial immovable....This can take the form of quality control over the tasks performed by employees, training, coaching and feedback....contracts;
Drafting or presenting promises to purchase
Signing transaction documents;
Using OACIQ brokerage forms;
Identity verification
A form called Identity verification has been...>Identity Verification form is recommended....The use of this form is also indicated when the licence holder represents a buyer, whether not he is bound by a brokerage contract.
Very low offer price: The obligations of brokers involved
In accordance with clause 9.1 (2) of the brokerage contract to sell he signed, he must, in particular, “submit to the seller, as soon as possible,...
The buyer's broker
In the same vein, nor may the buyer’s broker who is bound by a brokerage contract to purchase fail to...Under clause 8.1 (2) of the form, he must: “submit, as soon as possible, any written promise, lease or exchange received from the
Is the electronic signature secure?
Are you preparing to sign a form electronically during a real estate transaction?...
Note that a document or form may be signed using an entirely electronic process or a mixed process; for example, one of the parties...The broker and one of the two clients, i.e. the spouse who is in Quebec, meet and sign a brokerage contract by hand.
Remuneration
that a remuneration waiver or reduction will not apply in these cases, and include the following clause4, which is found in the recommended form...must make sure to have a written document signed by the parties confirming the amendment to the initial remuneration agreement and use an Amendments form...buyer by a brokerage contract to purchase.
Buyer’s Guide and Seller’s Guide
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The Promise to purchase;
The downpayment;
The compensation of brokers (commonly known as “commission”);
The brokerage...contracts;
The Declarations by the seller of the immovable form;
The protection mechanisms set out in the Real Estate...Brokerage Act;
And much more!
When a party does not show up for its appointment with the notary
In fact, under clause 7.1 (4) of the Exclusive brokerage contract – Sale(clause 6.1 (3) for the BCP), the defaulting party shall also be responsible...Likewise, under clauses 7.6 and 10.7 of the Promise to purchase form (clause 10.9 of the PPD form), both the defaulting seller and buyer acknowledge
An inspection protects you
If you do business with a real estate brokerage professional authorized by the OACIQ, you will not be alone, as he will guide you before, during and after...>
You declare yourself satisfied with the inspection and do not ask for any amendment to the
Collecting personal information
(brokerage contract, promise to purchase, Declarations by the seller, etc.)....Collecting necessary information to enter into a brokerage contract, to present an offer to purchase or to verify identity is, of course, a serious and...Where applicable, it is necessary for the broker to collect and record on the brokerage form, for example, identity information, such as the number of
The OACIQ unveils an all-digital guide for homebuyers
strong> – The Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ), the authority of real estate brokerage...
It contains, among other things, specific content on the duties and obligations of the real estate broker, the forms to be used, the pre-purchase...professionals governed by the Real Estate Brokerage Act.
Foreword - Forms
conduct of brokerage transactions....The drafting of a brokerage contract to sell, a brokerage contract to purchase or a promise to purchase are professional acts that call for knowledge and...of the practices which licence holders must adopt when completing mandatory brokerage forms.
Instructions for buying from a builder or developer
As is always the case during his professional activities, he should also meet the requirements of the Real Estate Brokerage Act and its regulations...
Real estate promoters and builders licensed by the Régie du bâtiment du Québec use any of the following forms, depending on the type of housing...
These forms are published by Garantie de construction résidentielle (
Contaminated soil, dry rot, radon, cannabis, etc.: How to protect yourself
As regulator of real estate activity in Quebec, the OACIQ is mandated by the government to enforce the Real Estate Brokerage Act
Transparent seller
As its name suggests, it’s in the Declarations by the seller of the immovable form that the seller...
The seller’s broker must help the seller complete the form and make the appropriate verifications.
Disclosing personal information
They must be provided to any broker or buyer who requests them or can be obtained by using clause 9.1 of the Promise to purchase form (Review...If applicable, any Amendments form accompanying the DS form must also be attached to the sheet....
10 S. 78 and 89 of the Real Estate Brokerage Act.
Promise to purchase and financing of an immovable
These obligations can be found under section 6 of various mandatory Promises to purchase forms of the OACIQ, namely:
Promise to purchase...Exclusive brokerage contract – Undivided co-ownership – Share of a chiefly residential immovable held in undivided co-ownership....
(3) Regulation respecting brokerage requirements, professional conduct of brokers and advertising, article 46: “A licence holder
Steps for appointing a new agency executive officer
For example, if the current agency executive officer is planning to retire soon, how should the agency proceed, and which form should be completed?...with the OACIQ in this regard, so as to properly manage the agency's activities, protect the public, and ensure that the requirements of the Real Estate Brokerage...
According to the regulations adopted under the Real Estate Brokerage Act, if the agency (legal person) no longer has an executive officer acting
Guidelines: Preventing money laundering
This guideline simplifies the applicable legislative and regulatory framework of real estate brokerage....
In each you will find the relevant sections of the Real Estate Brokerage Act that will provide you with reliable tools to successfully...com=Xela17fFtoyUttmpq%2fPRo5yhZbS%2b0ysublTHL9XHDI4%3d" target="_blank">form so you can report it to us.
Legal resources at your disposal to protect your interests
In addition, certain situations may be covered by laws other than the Real Estate Brokerage Act, such as the Civil Code of Quebec....
If the nature of the question is covered by the Real Estate Brokerage Actbrokerage forms.
Broker’s method of practice
Where a broker carrying on activities within a business corporation becomes aware that one of the requirements prescribed in the Real Estate Brokerage...sup>1Section 34.2 of the Regulation respecting brokerage...It is strongly recommended to avoid these changes during the course of a transaction due to their impacts on brokerage contracts in progress.
Qualifications for AEO, Chartered AEO and Chartered licences
The AEO’s role is crucial: he is in charge of the selection, supervision and oversight of al l the agency’s brokers in accordance with the Real Estate Brokerage...span style="font-size:11px;">1Sections 19 and 20 of the Real Estate Brokerage...This form must be signed by the current AEO or by the administrator of the legal person or corporation, as well as by the new AEO.
A suspended or revoked licence bars the holder from practicing
He must cease any real estate brokerage-related activity....contracts or having brokerage contracts in force
Drafting or presenting promises to purchase
Signing brokerage transaction...documents
Using the OACIQ brokerage forms
Attending a building inspection
Going to the notary’s
Providing after-sales
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