Real-estate law FAQ

In Quebec, all transfers of immovable property must be executed by a notary through a notarized deed of sale (acte de vente). This is a legal requirement under the Civil Code of Quebec. However, hiring a lawyer in addition to a notary provides significant advantages. A lawyer can review and negotiate the promise to purchase (offre d'achat), conduct independent due diligence, advise on financing conditions and represent you if a dispute arises before or after closing. Many clients choose to work with both professionals to ensure comprehensive protection.

A title search is a detailed examination of the Quebec Land Register (Registre foncier) to confirm that the seller legally owns the property and that the title is free of encumbrances such as hypothecs (mortgages), legal hypothecs of construction, servitudes, prior claims or unpaid municipal taxes. Without a thorough title search, you risk purchasing a property with hidden liabilities that could cost thousands of dollars to resolve. Our team reviews the complete chain of title going back at least thirty years and flags any irregularities before you commit to the purchase.

We offer transparent flat-fee pricing for most standard residential transactions. A typical home purchase review, including the promise to purchase, title search, and closing coordination, ranges from $1,200 to $2,500 depending on the complexity of the file. Commercial transactions, condominium developments and files involving litigation are quoted individually after an initial consultation, which is always free of charge. We provide a detailed fee estimate in writing before you sign the mandate so there are no surprises.

The welcome tax, officially called the transfer duties or droits de mutation, is a municipal tax payable by the buyer upon the transfer of an immovable property in Quebec. The amount is calculated on a progressive scale based on the greater of the sale price or the municipal assessment. The standard brackets are 0.5% on the first $55,200, 1% on the portion between $55,200 and $276,200, 1.5% on the portion between $276,200 and $500,000, and higher rates may apply in certain municipalities for amounts above $500,000. We calculate the exact amount for every client and include it in the closing cost summary.

The promise to purchase (promesse d'achat) is the most important document in a residential real-estate transaction. Key elements to review include the purchase price and deposit amount, conditions such as financing approval and building inspection, the inclusion or exclusion of movable property, the occupancy date, the seller's declarations regarding hidden defects, and any special conditions related to zoning, environmental contamination or co-ownership. Our lawyers review every clause to ensure your interests are protected and negotiate amendments where necessary.

Under Quebec civil law, a seller is obligated to guarantee the buyer against hidden defects — problems that existed before the sale, were not apparent upon a reasonable inspection, and are serious enough to diminish the property's value or usefulness. Common examples include foundation cracks concealed behind drywall, undisclosed water infiltration, pyrite contamination, or faulty electrical wiring. If you discover a hidden defect after closing, you may have the right to demand a price reduction or even the annulment of the sale. We advise clients on the steps to take, including sending a formal notice within a reasonable time and, if necessary, pursuing a claim in court.

From the acceptance of the promise to purchase to the signing of the deed of sale, a typical residential closing in Quebec takes between 45 and 90 days. The exact timeline depends on factors such as the conditions in the offer (financing, inspection), the speed of the title search, and the availability of the notary. We work proactively to keep the process on track and communicate regularly with all parties to avoid last-minute delays.

Yes. Our team handles a wide range of property disputes, including boundary disagreements, encroachments, rights of way, neighbour conflicts over fences and trees, and co-ownership disputes. We begin by reviewing the relevant cadastral plans, surveyor reports and title documents, then work toward a resolution through negotiation or mediation. When litigation is necessary, we represent clients before the Superior Court of Quebec. Early legal advice can often prevent a minor disagreement from escalating into a costly lawsuit.