Real Estate Brokerage Law – Civil Code of Québec (CEI Course Sections)

Flashcards cover hierarchy of law, courts, real-estate professionals, certificate of location, legal capacity (minors, adults under protection, mandates), matrimonial and family home rules, successions, and key brokerage obligations.

What is the highest source in the hierarchy of Canadian law?

The Constitution, including the Canadian Charter of Rights and Freedoms.

Which legislative body enacts criminal law in Canada?

The Parliament of Canada.

Name two Québec statutes especially relevant to real-estate brokerage that are enacted by the National Assembly.

The Civil Code of Québec and the Act respecting duties on transfers of immovables (mutation tax).

Who adopts regulations in Québec besides the provincial government?

Municipalities and professional orders can also adopt regulations.

What is meant by ‘jurisprudence’ in Québec law?

The body of court decisions that interpret and apply legislation.

List the ordinary courts of highest to lowest rank in Québec.

1) Supreme Court of Canada, 2) Québec Court of Appeal, 3) Superior Court & Court of Québec (equal level), 4) Municipal Courts.

Up to what monetary limit can the Court of Québec – Small Claims Division hear a case?

$15,000.

May lawyers represent parties in Québec Small Claims Court?

No; parties must represent themselves (or be represented free of charge by an authorised friend or relative).

Give one civil-law domain handled mainly by administrative tribunals instead of ordinary courts.

Example: Residential lease disputes handled by the Tribunal administratif du logement.

What is ‘doctrine’ as a legal source?

Scholarly writings by jurists that provide opinions and analysis used by courts.

Define ‘coutume’ (custom) in Québec civil law.

A practice widely accepted and consistently followed that can serve as a residual source of law when legislation and jurisprudence are silent.

What is the public officer who authenticates private contracts in Québec real-estate transactions?

The notary.

Give two contracts that must be executed by notarial act in Québec.

A conventional hypothec (mortgage) on immovables and a divided co-ownership (condominium) declaration.

Why is an act notarié (notarial act) considered stronger proof than an acte sous seing privé?

Because it is an authentic act received by a public officer, giving it enhanced probative value against all persons.

How does the role of an avocat differ from that of a notaire in real-estate practice?

The lawyer is a partisan representative in disputes and may only draft private deeds, whereas the notary must act impartially and can execute authentic acts.

Who determines the fair market value of an immovable for mortgage lenders?

The Chartered Appraiser (Évaluateur agréé).

Which professional prepares a certificate of location?

The Land Surveyor (arpenteur-géomètre).

What are the two parts of a certificate of location?

The written report and the plan.

Name three key items verified in the report section of a certificate of location.

1) Cadastral designation, 2) servitudes and encroachments, 3) conformity with zoning bylaws.

When is a new certificate of location required even if the old one is recent?

Whenever a physical or legal change (e.g., new structure, cadastral renovation) has affected the property.

Who usually pays for a new certificate of location under the standard Promise to Purchase?

The seller, unless the buyer requires one and the previous certificate was still valid; then the buyer pays.

What is the legal status of an ‘inspector en bâtiment’ in Québec?

Not regulated by statute; membership in AIBQ and professional liability insurance are voluntary.

At what age does a person in Québec reach full legal capacity?

18 years old (majority).

Who represents a minor selling real property in Québec?

His or her tutor (parents or tutor datif) with necessary court or tutorship council authorization.

What additional authorization is needed for a tutor to sell a minor’s immovable worth more than $25,000?

Authorization from the court (Superior Court).

What is ‘simple emancipation’ and can the minor sell property alone?

A status granted (16+) giving limited autonomy; the minor still cannot sell immovables without tutor compliance.

Which two events can give a minor ‘full emancipation’?

Marriage or a court judgment granting full emancipation.

What change did the 1 Nov 2022 reform make to adult protection?

It abolished curatorships and advisors to adults, replacing them with a modulated tutorship system focused on autonomy.

What document allows a competent adult to designate someone to manage property after future incapacity?

A protection mandate (mandat de protection).

What judicial step must occur before a protection mandate can be used?

Homologation by the court (or a notary) confirming incapacity and appointing the mandatary.

In an ordinary power of attorney (mandate), what wording allows the mandatary to sell an immovable?

Either explicit authorization to sell/alienate or the conferral of ‘full administration’ powers.

What is the effect of a spouse’s consent requirement for the sale of a ‘résidence familiale’?

The non-owner spouse must sign; otherwise, the sale can be annulled or give rise to damages.

Does a concubin (common-law partner) who is not on title have to consent to a sale?

No, unless also a registered co-owner.

Which three family-law regimes apply to married or civil-union couples in Québec?

Community of property (old), Partnership of acquests (default since 1970), and Separation of property (by notarial contract).

Does inclusion of a home in the ‘patrimoine familial’ prevent the sole owner from selling it?

No; the owner may sell but must share the value upon divorce or death.

What is the key difference between a ‘succession ab intestat’ and a ‘succession testamentaire’?

The first is distributed according to the Civil Code’s intestacy rules; the second follows a valid will.

Which document is registered to transfer title of a decedent’s immovable in Québec?

A Declaration of Transmission (Déclaration de transmission) notarised and published in the Land Register.

Who signs an agreement to sell estate property when no liquidator is appointed?

All heirs together (they hold saisine).

When may a liquidator sell estate real property alone?

If the will grants him/her full (plenary) administration or specific authority to sell.

Name the three formal types of wills recognised in Québec.

1) Notarial (in minute), 2) Holograph (hand-written & signed), 3) Will before witnesses.

Which types of wills must be verified (probated) after death?

Holograph wills and wills made before witnesses.

At what value limit ($) does the Superior Court, rather than the Court of Québec, hear civil suits?

$85,000 and above.

Give one situation where a municipal court has civil jurisdiction.

Collection of unpaid municipal property taxes.

What professional duty does a broker have concerning client identity and legal capacity?

Under sections 29-30 of the Broker Practice & Ethics Regulation, the broker must verify the client’s name and legal capacity.

What is the legal effect of selling a minor’s property without required approvals?

The contract can be annulled (voidable).

State one instance in which a declaration of family residence must be published to protect the non-owner spouse.

Publishing is advisable when the residence has five or more dwelling units; without it, the non-owner may only claim damages.