Real estate law

and condos

In addition to rental law, we also have
experience in real estate law:

  • Legal advice for the purchase of residential properties
  • Legal advice for the purchase of income properties
  • Legal counsel
  • Contracts
  • Representations at the Court
  • Hidden defects
  • Construction defects
  • Mortgage remedies
  • Disputes with contractors
  • Legal hypothec of construction
  • Problems we co-ownership or with the Syndicate
  • Problems with neighbours
  • Easements
  • Fines
  • Negotiations, settlements

Contact us today to learn how we can help you.

Call us at 514-904-0489 today or complete this quick form to see how we can work with you.

Latest chronicles in real estate law

Consult our chronicles to stay up to date with the latest news on rental and real estate law.

Real estate law
Construction legal hypothecs

You have concluded a contract for the construction of the house of your dreams. At first, everything is going well until one day, when you check on the construction, you realise major mistakes have been made. You had signed for red bricks, they put grey ones which not only are aesthetic, but also more expensive….

Real estate law
Latent Defects

While buying a house, it is important to do appropriate verifications of the property and to ask about the state of the building before signing the contract. If not, you can suddenly find yourself with lots of expenses for repairs or have to introduce costly legal proceedings. Definition Article 1726 C.C.Q. states that a latent…

Real estate law FAQs

  • Inspection;
  • Verfication of the certificate of location;
  • Verification that the building was built according to standards and to plans;
  • Verification that all subcontractors were paid (release) or, if not possible, obtaining a title insurance;
  • You must follow article 987 onwards of the Civil Code of Quebec;
  • In summary, you must follow these principles :
    • You absolutely have to access your neighbour’s land because it is impossible to do the repairs otherwise;
    • You have sent a written notice to your neighbour asking for the access;
    • After the repairs, you must restore your neighbour’s land to its initial condition.

See article Série troubles de voisinage : problème d’accès (in French only)

  • It could be hidden defects. If this is the case, a claim against the seller is possible.
  • However, the defects must follow these criteria : the defects are hidden and serious (not mentioned and it could not be detected during the preliminary inspection);
  • You must make sure that the sale was made with the legal guarantee;
  • When you think there is a hidden defect, you must notify the seller without delay, put him in default and give him the occasion to inspect the defects himself otherwise you could lose all recourses;
  • For more information, see article Latent Defects
  • They can sue directly only if the owner and landlord of the unit neglects to take action.
  • First, they must send the tenant and the landlord a notification of the default.
  • If they sue, the recourse will be introduced at the Régie du logement.
  • See article Location et bruit en condo (only in French) for more information.
  • In general, it will be possible to cancel a promise if major defects (notable, substantial) or several minor defects which become major together are found during the inspection.
  • What becomes major or minor will depend on the type of property (ex. Purchase price);
  • For more information, see article Offre d’achat conditionnelle à l’inspection (in French only)
  • Try talking to him first or send him a letter;
  • If you live in a condo unit, you could make a complain to the Syndicate of co-ownership;
  • If you live in an individual house, you could try calling the police or, if it comes to that, try to get an injunction at the court. However, an injunction can be costly and disproportionate in face of the inconveniencies suffered. Therefore, it will be reserved for extreme cases.
  • See article Série troubles de voisinage : inconvénients anormaux and Location et bruit en condo (French only)
  • It is a hypothec published on your property following a default in your payments to your architect, engineer, supplier of materials, workman or contractor or sub-contractor having taken part in the construction of the work requested by you or who supplied the materials or services for the work. (or a litigation with regards to these payments);
  • This type of hypothec will be ranked before any other published hypothec.
  • See article Construction legal hypothec for more information.