Real-estate law — frequently asked questions

In Quebec, a notary is legally required to execute the deed of sale (acte de vente). However, hiring a real-estate lawyer before you reach the notarial stage is highly recommended. A lawyer reviews the offer to purchase (promesse d'achat), negotiates conditions such as inspection and financing clauses, conducts an independent title search, and ensures there are no liens, servitudes or encumbrances that could affect your ownership. Think of the lawyer as your advocate and the notary as the impartial officer who formalises the transaction.

A title search is a thorough examination of the Quebec Land Registry (Registre foncier) records to verify that the seller legally owns the property and that no outstanding hypothecs, legal hypothecs of construction, prior claims, servitudes or pending legal actions encumber it. Without a title search, you risk inheriting debts or restrictions that could diminish your property value or even prevent you from using the land as you intend. At Estate Justice Pro, we go beyond the basic index search and review historical chains of title to catch issues that surface searches might miss.

Costs vary depending on the complexity of the matter. A straightforward residential closing might involve a flat fee ranging from a few hundred to a couple of thousand dollars, while litigation or complex commercial transactions are typically billed on an hourly basis. We always provide a clear fee estimate during your initial consultation so there are no surprises. In many cases, the cost of legal representation is a fraction of the financial risk you would face without it.

Under the Civil Code of Québec, the seller of an immovable is bound by two warranties: the warranty of ownership (guaranteeing the seller has the right to sell and that the property is free from encumbrances not declared) and the warranty of quality (guaranteeing the property is free from latent defects that render it unfit for its intended use or that significantly diminish its usefulness). These warranties apply automatically unless the parties expressly exclude them in the deed of sale — and even then, a seller who knew of a defect cannot escape liability. Understanding these protections is essential for both buyers and sellers.

The first step is to hire a licensed land surveyor to produce a certificate of location (certificat de localisation) that establishes the precise boundaries of your lot. If the survey reveals an encroachment — for example, a fence, shed or driveway crossing the property line — your lawyer can send a formal demand to the neighbouring owner requesting removal or negotiation. If an amicable resolution is not possible, the matter can be brought before the Superior Court of Québec, which has jurisdiction over boundary disputes (bornage). Courts can order the placement of boundary markers and, in some cases, award damages.

Quebec tenants enjoy strong protections under the Civil Code and the Act respecting the Tribunal administratif du logement. Key rights include the right to maintain occupancy (a landlord cannot simply refuse to renew a lease without valid grounds), the right to a dwelling in good habitable condition, and the right to contest rent increases before the Tribunal. Tenants also have the right to sublet or assign their lease, subject to the landlord's reasonable approval. If you believe your rights have been violated, you can file an application with the Tribunal, and our team can represent you throughout the process.

Yes, but the process is strictly regulated. A landlord may repossess a dwelling for personal use — meaning for themselves, a close family member, or a dependant — by providing written notice within the time frames prescribed by law (typically six months before the end of the lease for a lease of more than six months). The tenant has the right to contest the repossession before the Tribunal, and the landlord must demonstrate a genuine intention to occupy the dwelling. If the Tribunal finds the repossession was made in bad faith, the tenant may be entitled to damages and the right to return to the dwelling.

Buying a condo involves additional layers of complexity compared to a single-family home. You should carefully review the declaration of co-ownership, the building rules, recent minutes from syndicate meetings, the contingency fund balance, and any pending or anticipated special assessments. A real-estate lawyer can analyse these documents and flag potential issues — such as under-funded reserves, ongoing litigation, or restrictive rules that may affect your use of the unit. It is also wise to obtain a pre-purchase inspection of both your private portion and the common elements.

From accepted offer to signing the deed of sale, a typical residential closing in Quebec takes between 30 and 90 days, depending on the conditions in the offer (inspection, financing, sale of the buyer's existing property). The legal work — title search, review of the certificate of location, preparation of the deed, and coordination with the lender — generally requires two to four weeks. At Estate Justice Pro, we begin the title examination as soon as the offer is accepted to ensure there is ample time to resolve any issues before the closing date.