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The DS – Divided co-ownership form
The Declarations by the seller of the immovable – Divided co-ownership form
The mandatory form Declarations by the seller of the immovable – Divided co-ownership... must be used for a transaction involving the sale, by a natural person, of a divided co-ownership property.
Sale of an undivided co-ownership property: Attention to the right of the other co-owners
Sale of an undivided co-ownership property: Attention to the right of the other co-owners
You want to sell or buy a share of an immovable...held in undivided co-ownership?...
The indivision agreement
The indivision agreement specifies the mode of operation and management of the co-ownership
Buying a co-ownership property: What about pets?
Buying a co-ownership property: What about pets?
You are looking to buy a divided co-ownership unit to live in with your pet?...Note that being a co-owner of a divided co-ownership unit means complying with the co-ownership by-laws, which may sometimes restrict certain uses or activities...To do this, the broker may obtain the declaration of co-ownership, any subsequent amendments to the declaration of co-ownership and the by-laws of the
Co-ownership special assessments: Duty to verify and inform
Co-ownership special assessments: Duty to verify and inform
The most frequent claims submitted to FARCIQ include non-disclosure and improper...verification of a co-ownership's special assessments....When selling a divided co-ownership property, they must refer to a number of documents, such as the declaration of co-ownership, by-laws, minutes, resolutions
Divided or undivided co-ownership: Do you know the difference?
Divided or undivided co-ownership: Do you know the difference?
Martyne would like to purchase her first co-ownership property....it held in divided or undivided co-ownership?...
In an undivided co-ownership, there is no syndicate of co-owners.
Amendments to the co-ownership forms and the Exclusive brokerage contract – Purchase
"#CCDE">Promise to purchase – Co-ownership – Fraction of a chiefly residential immovable held in divided co-ownership (PPD)... Declarations by the seller of the immovable – Divided co-ownership (DSD)
Undivided co-ownership...held in undivided co-ownership (PPU)
Divided and undivided co-ownership
What you need to know before buying a co-ownership property
What you need to know before buying a co-ownership property
Co-ownership has many appeals, including affordable cost and reduced maintenance...of co-ownership, which defines the rules of common living and administration for the building?...The declaration of co-ownership contains three parts:
The constituting act of co-ownership (which sets out the division of powers between
Co-ownership: Gross or net area: How to find your way through
Co-ownership
Gross or net area: How to find your way through
You notice differences between the area of your condominium in
Bill 16: The OACIQ supports the efforts to regulate building inspection and divided co-ownership
These obligations concern both the new constructions and existing co-ownership properties....
The sound co-ownership property management is crucial....The competence of co-ownership property managers is a key driver in achieving this sector’s goals.
Promise to purchase and financing of an immovable
(PP)
Promise to purchase – Divided co-ownership – Fraction of a chiefly residential immovable held in divided co-ownership (PPD...)
Promise to purchase – Undivided co-ownership – Share of a chiefly residential immovable held in undivided co-ownership (PPU) ...held in undivided co-ownership.
How to use the mandatory form Declarations by the seller of the immovable
For any transaction involving a divided co-ownership, brokers must now use the Declaration by the seller of the immovable – Divided co-ownership...(DS) or a fraction of an immovable held in divided co-ownership (DSD)....">The Declarations by the seller of the immovable – Divided co-ownership form.
Airbnb-type short-term tourist rental restrictions
Renting out co-ownership units
The lessor of a residence located in a building held in divided co-ownership must provide a copy...of the declaration of co-ownership allowing the use of the residence for tourist accommodation purposes or, if not, the authorization of the syndicate...For undivided co-ownership, a copy of the indivision agreement or the authorization of all co-owners is required.
Existing inspection report: What is the proper procedure for the real estate broker?
For the sale of a residential immovable containing less than five dwellings including undivided co-ownership, any unfavourable factors must...For any transaction involving a divided co-ownership, brokers must now use the Declarations by the seller of the immovable – Divided co-ownership... form for a transaction involving a divided co-ownership.
The legal warranty of ownership and quality
declarations-seller.pdf" target="_blank">Declarations by the Seller of the immovable form (or Declarations by the Seller of the immovable – Divided co-ownership form, if applicable) disclosing any factor that could affect the...">Declarations by the Seller of the immovable – Divided co-ownership form, if applicable).
Share purchase for exclusive use of a dwelling
was developed by real estate developers particularly to get around the restrictions associated with the conversion of rental properties into divided co-ownership...Holding shares with a right of use of an apartment can, in practice, present similarities with divided co-ownership (use of an apartment, agreement and...However, acquiring these shares should not be confused with purchasing an apartment held in co-ownership, and it is important for a buyer to understand
What’s an exclusive brokerage contract?
When selling, buying or leasing a residential immovable containing less than five dwellings or a co-ownership property, the exclusive brokerage...(In this regard, read the article Co-ownership transactions: Are you well-protected?
Bill 96 and amendment to the Civil Code of Quebec: New obligations having an impact on the practice of the profession
exchange of part or all of a chiefly residential immovable comprising fewer than five dwellings or of a chiefly residential co-ownership...
Regarding co-ownerships, the register and all documents available to or intended for a co-owner must...registration in the Land Register and the documents that must be attached to them (deed of sale, mortgage deed, declaration of co-ownership
A report card on a property
DS form (for residential immovable or divided co-ownership) is mandatory for the sale of a chiefly residential immovable containing less than 5 dwellings by a natural person..., including an immovable held in divided or undivided co-ownership.
Broker’s duty to disclose: An added protection
The Declarations by the seller of the immovable form (or its version for divided co-ownership) is mandatory....A buyer wishes to make a Promise to purchase on one of the apartments held in co-ownership in that immovable....Once informed, his broker must inform him that, according to newspapers, some co-owners are part of organized crime.
OACIQ forms: For better prevention
It is available in two versions –for a residential immovable containing less than five dwellings and for divided co-ownership...., a share of an immovable held in undivided co-ownership or a mobile home located on leased land....They must also be used to lease a dwelling held in divided or undivided co-ownership.
Real estate brokerage forms
(PP)
Promise to purchase – Co-ownership...– Fraction of a chiefly residential immovable held in divided co-ownership (PPD)
Promise to purchase – Co-ownership – Share of a chiefly residential immovable held in undivided co-ownership (PPU)
Residential rental law: Legislative amendments
completing the forms Declarations by the seller of the immovable – Chiefly residential immovable containing less than 5 dwellings excluding divided co-ownership... (DS) (question D2.6g) or Declarations by the seller of the immovable – Divided co-ownership (DSD) (question D2.9g), brokers must explain
Rules according to the type of immovable
A co-owner of a building held in undivided co-ownership can also repossess a dwelling provided there is only one other co-owner, and that the...
Undivided co-ownership properties
Where an immovable is held in undivided co-ownership...is permitted under the property’s Declaration of co-ownership or by-laws.
Other clauses of interest
property can differ significantly from the above due to the nature of divided co-ownership....Refer to the Guideline on divided co-ownership to learn more, particularly the article Commercial leases in the context of co-ownership.
The Brokerage contract – Sale
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Non-exclusive brokerage contract – Sale – Chiefly residential immovable containing less than 5 dwellings excluding co-ownership...– Fraction of a chiefly residential immovable held in divided co-ownership; or
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