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The OACIQ holds its first public exchange forum on real estate
As a buyer, what are the possible consequences of not having the property inspected?...accueil/">Real Estate Regulators of Canada (RERC), an organization that brings together all Canadian regulators in the area of real estate brokerage, building...inspection and co-ownership property management for some provinces.
Declarations and obligations of the buyer (PP)
This declaration is made conditional upon the results of the inspection that he can have carried out, as provided for in clause 8.1 of the Promise...The fact that the buyer is not obliged to retain the services of an expert does not diminish the importance of having the building inspected by a building...If the buyer withdraws following the visit, he will not have to pay for an inspection that has become unnecessary.
Selling
The most common conditions are a property pre-purchase inspection by a professional or a building inspector, and securing a new mortgage loan...When you accept a promise to purchase with these conditions, be prepared to receive a visit from a building inspector or a qualified expert, and to follow-up
The legal warranty of ownership and quality
It is therefore important for a buyer to always have the property he is proposing to acquire inspected by a qualified expert....conducted in greater depth than the usual inspection when buying a property without warranty of quality....The building inspector hired for this inspection must be notified that the immovable is being sold without legal warranty, so that he can take this into
Highlights 2021
In addition to its regular prevention, education and compliance initiatives, the Organization developed an awareness-building plan for consumers...style="color:#496e8f;">licence applications
Inspection...Department
The Inspection Department audits licensees' transaction records, accounts, books and registers to ensure that
Water supply, wells and septic tanks
the sewage disposal system, including the fact that the seller cannot guarantee the conformity of his septic system and recommend the addition of an inspection...lBzb0SJ7Ug0w6ESWshjNGg%3d%3d&id=MDzlIvxrA8qXVTo81sOwnQ%3d%3d&cvState=cvSrch=WATER" target="_blank">Drinking water and wastewater: unserved buildings
Use of clause R2.3 to cancel a first promise to purchase conditional upon the sale of the buyer’s immovable
cancellation of the first one, he shall, as soon as the second buyer has fulfilled all the conditions contained in his promise to purchase (financing, building...inspection, water or soil quality test, etc.), except for the signing of the deed of sale in the presence of a notary, send a notice to the first buyer
Useful links
Association des inspecteurs en bâtiments du Québec (AIBQ)
Association des thermographes en inspection...professionnels du Québec
Quebec Association of Building
Price and terms of sale (BCS)
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buildings.
Application for an agency licence
In such a case, you will have to check with the professional order or the regulatory body concerned (e.g.: "Building Engineer Agency", "Real Estate...Department, you will be contacted by the Inspection Department....The Inspection Department will analyze this program to ensure that it meets all requirements.
Summary description of the immovable (BCS)
Inspection by a person chosen by the buyer
Dimensions and area
This refers to the dimensions and surface area of the land and not of the buildings...opening statement of clause 3.1 of all brokerage contracts to sell, whether exclusive or not, makes this clear:
“3.1 The immovable, with building
Notice and follow-up on fulfilment of conditions
articles/the-importance-of-confirming-the-cancellation-of-promise-to-purchase">The financing clause
Building...inspection
Once the inspection of the immovable has been carried out under the terms of clause 8.1 of the promise to purchase...
Remember that the best practice is to allow the buyer the full period provided for in the inspection clause to have the inspection carried out
Management of trust accounts
.%204">Regulation respecting records, books and registers, trust accounting and inspection of brokers and agencies....company to whom the notice is addressed)
Subject: Request for refund of sums held in trust concerning (nature of transaction and address of building...company to whom the notice is addressed)
Subject: Request for payment of sums held in trust concerning (nature of transaction and address of building
Adverse factors
This is an opportunity for the licensee to ask any questions about the state of the building and to conduct further verifications....Inspection/expert reports during transaction....He must obtain a copy of the inspection report and read it carefully.
You receive a Promise to purchase
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Promise to purchase and advise him objectively, including by recommending the inclusion of the usual clauses regarding inspection...style="font-style:normal;">Promise to purchase and advise him objectively, including by recommending the inclusion of the usual clauses regarding inspection
Concordance list of unpublished articles
124663 - Inspection report: brokers’ duties and obligations
207087 - The OACIQ reacts to a report about the relationship between building
Briefs
memoire-oaciq.pdf" target="_blank">Brief of the Organisme d’autoréglementation du courtage immobilier du Québec on Bill 16 (An Act mainly to regulate building...inspections and divided co-ownership, to replace the name and improve the rules of operation of the Régie du logement and to amend the Act respecting
Summary description of the immovable (PP)
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building; the dimensions and area may be indicated in meters or feet.
Declarations and obligations of the seller (PP)
Inspection by a person chosen by the buyer
In the same way that the buyer has declared himself satisfied with the immovable visited on a given date, subject to the inspection...The irregularity with respect to this restriction of public law must be corrected since a potential inspection by the municipality could result in the
Counter-proposal
Inspection by a person chosen by the buyer
building...inspection).
Identification of the parties (BCS)
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building inspection, a defect is discovered and added to the previously completed <
Land Register
The licensee must therefore proceed with all other conditions, such as financing and inspection, after receiving the Minister's reply in order to avoid...>Return to top
g) New constructions
If the licensee represents a building...Land Register by any worker, contractor, sub-contractor, materials supplier, engineer or architect who has not been paid for his involvement in the building
Broker licence status: suspension, revocation, conditions and restrictions
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Signing brokerage transaction documents
Using OACIQ brokerage forms
Being present at building...inspections
Going before a notary
Providing after-sales service
Using the title of broker
Advising clients...em>Regulation respecting the broker’s and agency licences, including:
Have completed all training activities imposed by the Inspection
Disclosing personal information
Parties to the transaction
Agency staff when required in the performance of their duties
Other professionals: the notary, building..., background-color;">Return to top
7.3.4 Buyer's information in a previous inspection...>When the broker takes steps to discover factors that may adversely affect the parties2, he must verify with the seller whether a previous inspection
Declarations and obligations common to the buyer and the seller (PP)
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building inspector.
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