Definition : Prior-contract

Question:  At the time of the purchase of my condo, do I have a right to ask the seller for a certified true copy (authentic copy) of the Declaration of Co-Ownership?

The sale of a residential immovable intended for a natural person who acquires it to live in it, whether it is built or to be built by a builder or developer, must be preceded by a preliminary contract.  Article 1785 of the Civil Code of Quebec obliges the builder to enter into such a prior-contract with the buyer (which precedes the contract of sale itself). This contract formalizes the promise to sell and buy the property by the parties involved in a transaction. In particular, it sets the purchase price of the home, its delivery date and the date of the deed of sale, usually the day on which the buyer will be able to move in. A deposit will usually be required when he signs it.

After months of searching, you have found an apartment completely renovated and decorated with great taste. Finally, you will buy the property of your dreams with training room, roof terrace, swimming pool and indoor parking. You certainly know that making the leap can be both an exciting and complex step. Only it is a divided co-ownership apartment. That is  why, at the time of submitting the offer to purchase, a doubt intrudes into your heart. All kinds of questions  intertwine in your mind:    

After reaching an agreement on the conditions of sale with a builder or developer, you will be asked to sign a preliminary contract.It is compulsory only in the case of the sale of a dwelling to be occupied by a natural person, It is not compulsory for a sale to a company. The preliminary contract precedes the purchase of any new or to be built property. Existing condos are generally the object of an offer to purchase. You must use it, irrespective of the fact that a real-estate broker is involved (or not) in the transaction. You will find, hereunder, directives concerning the undertakings, provisions, and essential terms and conditions to include (or to consider) when preparing a preliminary contract.

An offer to purchase, also known as a promise to purchase, precedes any transaction relating to an existing property, as opposed to new or to be build condos, which are accompanied by a preliminary contract. The initiative of an offer to purchase is taken by a potential buyer, who will establish the conditions for the acquisition of a property. Although this document is not mandatory, legally speaking, it represents a mandatory passage for most buyers. Generally recorded in writing, the offer to purchase shows the willingness of the future purchaser to engage in the transaction. It is also a first step that leads to the deed of sale. 

Once the apartment of your dreams in your price range found, the next step is to make an offer to purchase, either verbally or in writing. Although the verbal option is legally valid, it is better to formalize it in writing. L’Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) (the Quebec Organization for the Self-Regulation of Real Estate Brokerage) imposes a rule of ethics, namely that all acting real estate brokers must record in writing the intention of the parties to enter into real estate transaction.