Notary in Real Estate Law in Sherbrooke
Are you looking for a notary specialized in real estate law in Sherbrooke? Mtre Cristina Bindac, notary is here to help you untangle the legal and notarial complications associated with the purchase, sale or management of residential or commercial properties. Through our real estate legal service, we are able to work closely with you to ensure that your transaction runs smoothly while protecting your rights.
Mtre Cristina Bindac, notary understands that buying or selling a property can be a complex and overwhelming process. That's why we provide expert advice to help you through each step of the process. Our goal is to make your property transaction as stress-free as possible, so you can focus on what really matters: building your future. Whether you are buying your first home, expanding your business or downsizing your property, our team of legal experts are here to help you achieve your goals.
Contact us today to find out how we can help you with all your real estate requirements in Sherbrooke.
Our Property Law Services
We offer a comprehensive range of property law services in Sherbrooke to meet all your needs related to the purchase, sale or management of residential or commercial properties:
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purchase and sale of property
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divided co-ownership (condo)
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correction of property titles
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movable and immovable mortgages
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offer to purchase and pre-contract
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releases and discharges
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easements
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sale under court supervision
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refinancing
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assignment
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donation
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exchange
FAQ: Real Estate
What Rights Do Undivided Co-owners Have?
Each undivided co-owner is free to sell or transfer his share in the property, unless the agreement provides otherwise. The law provides, however, that the other undivided co-owners may exclude the new purchaser by reimbursing the price of the sale or transfer, plus expenses. The undivided co-owners must exercise this right of withdrawal within one year of the sale or transfer of the share.
Can a Promise to Purchase or a Promise to Sell Be Cancelled?
Contrary to popular belief, an offer to purchase is a contract. It can be very difficult to change the terms or cancel it. It is therefore essential to ensure that the offer to purchase you receive contains clauses that are appropriate to your situation. The notary will ensure that the clauses are drafted precisely and clearly to avoid any misunderstandings that neither you nor the seller could have anticipated.
What Is a Sale with Legal Guarantee?
Under the law, the seller is obliged to provide a legal guarantee to the buyer. This guarantee has two parts: the guarantee of ownership and the guarantee of quality.
Can I Give My House to My Children?
The Civil Code of Quebec allows you to give your property to anyone you want, unless you become insolvent in doing so and it harms your creditors. Any transfer of real estate property must be the subject of a deed of sale, assignment, donation or exchange. This deed is prepared by a notary, signed in the presence of the notary, and a copy of the deed is sent to the Land Register of Quebec so that the transfer of ownership can be published. However, if the property is currently mortgaged, the authorization of the mortgagee must be obtained prior to any transfer. You should also be aware that when a transaction is made between certain persons who are not at arm's length within the meaning of the tax laws, there is a presumption that the transaction was made at the fair market value of the property, regardless of the price stipulated in the contract. Persons related by blood do not deal with each other at arm's length. In other words, if the transfer occurs between related persons, the law presumes that the transfer was made at market value and there will be tax payable on the deemed capital gain. We encourage you to consult a tax professional to determine whether these rules apply to your situation before making a decision.