Main rules to follow
Where a lease is for a fixed term of one year or more, visits of the leased premises and posting of signs for the purpose of leasing are permitted during the three months preceding the expiry of the lease.1 The posting period is reduced to one month where the term of the lease is less than one year. In the case of an indeterminate term lease, the lessor may advertise the leased premises for sale or lease and have them visited upon receipt of the notice of resiliation.
As previously stated, since the rules of the Civil Code of Québec supplement intention in the context of a commercial lease and are therefore not of public order, you must review the clauses of the lease to verify whether the parties have agreed to different terms.
► DUTIES AND OBLIGATIONS OF THE BROKER
Take care not to leave a “For Lease” sign permanently in front of commercial spaces that are not available. This practice is a misrepresentation and must be avoided.
Refer to the Guideline – Representation, solicitation, promotion and advertising to learn more about proper advertising and marketing practices.
For more information on specific practices to avoid in commercial brokerage, read the article Special practices in commercial real estate brokerage.
1 Art. 1930-1932 C.C.Q.
