NOTICE OF IMPORTANCE TO THE SELLER ON THE FEES AND DISBURSEMENTS CHARGED BY THE NOTARY
When known, the billing details including any amount payable by the seller to the acting notary may be communicated before the day of the sale by sending a request to this effect by email to the notary handling the file.
INFORMATION FOR THE SELLER OR ITS MANDATARY ON LEGAL AND CONTRACTUAL OBLIGATIONS WHEN SELLING A BUILDING
A) The Civil Code of Québec, in sections 1716, 1719, 1723 and 1725, provides for provisions, including for the acquisition of title, the purging of an existing mortgage and the seller’s certificate of location:
- The seller is obliged to deliver the property, and to guarantee the right of ownership and its quality. These guarantees exist as of right, without it being necessary to stipulate them in the contract of sale.
- The seller is obliged to hand over to the buyer the title deeds that he owns, as well as, in the case of a real estate sale, a copy of the act of acquisition of the immovable, as well as a copy of the previous titles and the certificate of location he has in his possession.
- The seller is obliged to guarantee to the buyer that the goods are free of all rights, except those he declared at the time of the sale. He is obliged to purge the property of the mortgages which burden him, even declared or registered, unless the purchaser has assumed the debt thus guaranteed.
- The seller of an immovable acts as guarantor for the purchaser of any violation of the limitations of public law which affect the property and which escape the common law of the property. The seller is not bound by this guarantee when he has denounced these limitations to the buyer at the time of the sale, when a prudent and diligent buyer could have discovered them by the nature, the situation and the use of the premises or when they have been registered with the registry office.
B) The certificate of location of the property sold: three (3) criteria to assess its validity.
- It must be up to date consequently without any new construction (buildings, fences, shelters, etc.) on the lot and up to date with the municipal regulation and the zoning by-law;
- To have been carried out for less than ten (10) years to avoid the 10-year prescription provided for in Article 2917 of the Civil Code.
- Carry the correct lot number following the cadastral reform.
The certificate of location must not provide for a restriction on its use by its author because the authorization of the signatory land surveyor will be required.
C) Various contractual provisions or mentioned in the promise to purchase may relate to the obligations of the parties at the transaction:
- The costs of the deed of sale, of its publication as well as the required copies will be charged to the BUYER.
- The SELLER will provide the BUYER with a good title deed. The BUILDING will be sold free of all real rights and other charges except the usual and apparent servitudes of public utility. … The SELLER will provide to the BUYER his deed of acquisition as well as a certificate of location describing the current state of the BUILDING and, if necessary, reflecting any cadastral renovation, any new certificate being the responsibility of the BUYER if it does not reveal any change from the previous certificate. In addition, the SELLER will provide to the BUYER, on request of the latter, the documents he has in his possession concerning the BUILDING ….
- The expenses related to the repayment and cancellation of any secured claim by mortgage, priority or any other real right affecting the BUILDING, and whose payment would not be assumed by the purchaser, will be borne by the SELLER. Reimbursement fees include any penalty that may be payable in the event of an early refund.
- At the time of the signing of the deed of sale, all the distributions relating in particular to the property and special taxes, to the fuel reserves as well as to the income and expenses relating to the BUILDING will be made: on the date of the signature OR the date of occupation.
- The BUYER and the SELLER irrevocably instruct the acting notary to pay directly to ______ the seller’s agency or broker, the amount of the compensation provided for in the brokerage contract granted by the SELLER out of the sums accruing to the SELLER, after the payment of all priority and mortgage claims as well as fees and expenses of the notary for the cancellation of these claims.
As a result of the legal obligations as well as the contractual obligations mentioned in the offer to purchase, the seller must provide for the billing of fees, disbursements and fees by the acting notary to:
- obtain, if necessary, a certified copy of the acquisition title and a co-ownership declaration and pay the required fees;
- purge or write off an existing mortgage, if any, and pay the publication fees thereof;
- require, if necessary in the case of the calculation of distributions, from a municipality and a school board the official confirmation of the statement of property taxes on the immovable and pay the fees requested by them to the notary;
- request permission to use the Signing Land Surveyor’s Certificate of Location and pay any fees;
- if necessary, take out title insurance for any irregularity described in a certificate of location and pay any required premium;
- issue any additional check other than that for the total amount owing to the seller, courier any document required by the issuer or transfer money to the seller in a financial institution or other notary;
- Have a condominium corporation complete a verification questionnaire for insurance and any other charges or contributions and, if applicable, pay the required fees;
- Verify the syndicate of co-ownership’s declarations with the REQ.