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Are you buying a property?

All the steps involved in a real estate transaction, from signing the Promise to Purchase to the Deed of Sale, are explained in detail in the PDF document you can download here  Document.

Summary of a real estate transaction

  1. Receipt by our firm of the file from the real estate agent, financial documents from your financial institution, and the Certificate of Location from the seller or the surveyor.
  2. Communication from one of our representatives to obtain your personal information or, if so preferred, forward information form by e-mail for you to complete and return to us.
  3. Drafting of the legal documents for the transaction, such as the Mortgage and the Deed of Sale.
  4. Communication from one of our representatives, two to ten days prior to the date of possession, for the scheduling an appointment with the Notary.
  5. During steps 2 to 4, you are responsible for having your insurer forward coverage confirmation to us.
  6. One day prior to the date of possession, the Notary responsible of your file will request the disbursement of your mortgage from your financial institution.
  7. Meeting with the Notary approximating one hour for the signing of the Deed of Sale, the Mortgage, and the Statement of Adjustments and Disbursements, all of which will be explained in detail. Once the parties’ signatures are obtained, you will receive the keys to the property.
  8. Forwarding of the Mortgage, Deed of Sale, Certificate of Location, Statement of Adjustments and Disbursements two to three weeks following the closing date.

Promise to Purchase

The Promise to Purchase is the most common document signed by all interested parties prior to the Deed of Sale. It is a preliminary contract that imposes certain obligations upon the parties. Once the Promise is signed, it becomes extremely difficult to alter the terms and conditions and withdraw from the obligations thereby contracted.

We encourage you to read Buying a Home – the Preliminary Contract. You can download this pamphlet by clicking here  Document. or request one by e-mail at info@pmegatineau.ca.

Buying a home

Buying a home is a big step which can be stressful. Your Notary is there to help you throughout the process and to make sure you receive a clear property title.

In fact, by carrying out the appropriate searches, the Notary guarantees that you receive clear, legal title to the property. The Notary’s title search involves verifying:

  • whether the vendor is the true owner of the property;
  • whether the vendor has the right and capacity to sell the property;
  • whether the vendor’s spouse or other interested persons must provide their consent to the sale;
  • whether the vendor holds all legal titles to the property, thus ensuring that you have no problems when you resell the property.

Lastly, from the title search, the Notary will be able to detect any liens or real rights likely to affect or limit your right of ownership such as mortgages, seizures, judgments and servitudes.

Using the Certificate of Location, the Notary then verifies:

  • whether the dimensions of the lot are accurate;
  • whether the buildings have been properly erected on the lot to be sold;
  • whether the dwelling was built in accordance with municipal and zoning bylaws;
  • whether the neighbour’s property encroaches on your lot;
  • whether the windows conform to legal standards;
  • whether rights-of-way exist.

Once the Promise to Purchase is accepted, we suggest you contact our firm to ensure the transaction proceeds as smoothly as possible.

Buying a condominium

Before signing a Promise to Purchase for a condo, you should read the Declaration of Co-ownership, which will explain the rights and prohibitions in effect in the building. You will also have to obtain a copy of the condo’s financial statements to make sure the reserve fund is sufficient as to avoid finding yourself paying over and above the monthly condo fee.

We encourage you to read Owning a condo. You can download this pamphlet by clicking here  Document. or request one by e-mail at info@pmegatineau.ca.

Co-ownership

These days, many married and unmarried couples decide to jointly purchase a home. The term most commonly used is buying a house “in both names”. As a precaution, undivided co-owners should set out the rules that will govern them by way of an Agreement. The Notary can advise you on the scope of the agreement and draw up the appropriate document.

Common-law marriage

Common-law spouses are not protected by the family patrimony. The house therefore belongs to both spouses based on their respective investments and both parties are jointly liable for the mortgage. There are many misconceptions about the rights of spouses in the event of separation or death. Both parties should protect themselves by Contract since common-law spouses can rarely make a claim based on their union. Verify with your Notary to ensure your rights are adequately protected. Your Notary will advise you as to whether to draw up an agreement with your common-law spouse, as well as other documents required to ensure you are fully protected (namely wills and mandates of incapacity).

We encourage you to read Common-law Marriage. You can download this pamphlet by clicking here  Document. or request one by e-mail at info@pmegatineau.ca.

Spouses

A married couple’s principal residence automatically composes part of the family patrimony. Consult your Notary to find out more about matrimonial regimes (namely partnership of acquests and separation as to property) and about the family patrimony in order to protect your rights. While the family patrimony applies to all married couples living in Quebec, couples may choose to fix a matrimonial regime in a Marriage Contract. In this regard, contact your Notary who can give you information about the types of regime and draft a Marriage Contract based on the one you choose.

We encourage you to read Family Patrimony  Document  and Matrimonial Regimes  Document. You can also request one by e-mail at info@pmegatineau.ca.

For a worry-free home-buying experience, call us today at 819-771-3231.

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