Single-family homes, cottages, divided or undivided condominiums, duplexes, triplexes, quadruplexes, the types of properties are numerous. The sale of a property is an important life change that can cause many concerns.
Even though selling a property is a common practice, few people are aware of the various documents required for this real estate transaction. Here is an overview of these mandatory documents to help you better prepare for this exciting life change.
The certificate of location
The certificate of location is a document consisting of a report and a plan prepared by a land surveyor. The latter must be a member of the Ordre des arpenteurs-géomètres du Québec (OAGQ).
The certificate of location accurately represents the state of the premises. It includes the physical condition of the premises and indicates any cadastral renovations that have been carried out. The certificate of location proves the conformity of the property with provincial and municipal regulations (e.g. zoning).
This document must be up to date and can take up to six weeks to obtain, depending on the market’s effervescence. In Quebec, it is valid for a period of 10 years. The certificate of location is mandatory because it is required by the notary before the signing of the deed of sale. It is therefore important to plan ahead in order to obtain the certificate of location in time.
The deed of sale
Once the promise to purchase or the counter-proposal to the promise to purchase has been accepted and all the conditions of the promise to purchase have been fulfilled, it is the signing of the deed of sale before a notary that formalizes the sale of the property. This is the final step in the transaction.
The deed of sale is drawn up by a notary who respects the rights of both the seller and the buyer. The notary will also ensure the veracity of the facts mentioned in the promise to purchase.
In the deed of sale, there are various elements such as, among others, the contact information of the buyer and the seller, the description of the inclusions, the price of the transaction and the amount of the notary’s fees.
The deed of loan
The sale of a property is synonymous with mortgage financing. The mortgage deed is a document detailing all the loan components (loan principal, interest rate, amortization period, etc.) of the property financing. The mortgage deed is drafted by a notary and is combined with the deed of sale.
When the property is sold, the notary must verify that the provincial and municipal taxes have been paid. In addition, the balance of the mortgage loan must have been paid in full by the seller. This will allow for the cancellation of the mortgage loan. The notary will then publish the deed of cancellation in the Land Titles. The Land Registry is a report that determines ownership rights. The deed of cancellation in the Land Regime then allows for the removal of the property rights. It should be noted that in the past, a mortgage deed was required to put the property up for sale. Today, the most important document is the last mortgage statement.
School and municipal taxes
School and municipal taxes contribute, among other things, to the financing of various services such as road maintenance and repair, heating of schools and public transit. When selling a property, the future owner must be aware of these amounts. A real estate broker will have access to them and can inform future buyers. The school tax statement indicates the amount to be paid annually. It also shows the evolution of the value of the property in recent years. The municipal tax statement details the amounts imposed by the municipality and the borough.
Declaration of co-ownership
Divided co-ownership is governed by a syndicate of co-ownership which ensures that the building is respected and properly administered. The Declaration of Co-ownership is a notarized document which acts as a binding contract between the various co-owners of the building. The document describes the administrative and living rules of the building. These rules must be respected by the owners, tenants and members of the syndicate of the immovable, under penalty of negative consequences. The Declaration of Co-ownership makes each party responsible and can promote better harmony between co-owners.
The financial statements of the syndicate of co-owners are reports detailing the accounting situation of the co-ownership for each fiscal year. Any co-owner can have access to these reports.
Minutes are a document drawn up following a meeting of the co-owners of a building. It must be clear and concise. The minutes must contain the name of the syndicate of co-ownership, the date and time of the meeting, as well as the comments and interventions of the co-owner members. An appointed secretary is in charge of writing the minutes and they are signed by the president of the syndicate of co-ownership. The minutes then provide an overview of the concerns, comments and decisions made regarding the co-ownership.
The Undivided Agreement
Unlike divided co-ownership, there is no syndicate which ensures the proper administration of the immovable, but rather an undivided co-ownership agreement detailing the rights of each owner and giving details on the management of the undivided co-ownership. The various expenses for the maintenance of the immovable must be separated between the owners depending on the shares of each. The undivided co-ownership agreement is not mandatory, but is strongly recommended for the proper management and administration of undivided co-ownership.
Plex : duplex, triplex, quadruplex (...)
There are different types of leases: six months and less, six months and more, and open-ended leases. However, a lease is automatically renewed and is usually for a period of 12 months. There is a time limit for notifying tenants of an increase in the rental amount. When the property is sold, a copy of the leases must be provided to the new purchaser.
Notices of renewal or non-renewal
Even when a property is sold, a tenant has a right to remain in the premises. This means that he or she can stay as a tenant for as long as he or she wants. The landlord sends a renewal notice to the tenant to find out if he or she will stay on the premises. The tenant has a specified time to respond to the landlord. Failure to respond will result in the renewal of the lease. At the time of sale, the renewal or non-renewal notices allow the buyer to have a better idea of the amount of rent paid by the tenants.
As mentioned, the sale of a property requires mandatory documents depending on the type of property. Specificities may also be required at each step of the real estate transaction.
If you are thinking of selling your property or simply have questions, contact one of our real estate brokers to find out how we can help you.