Condominium reform: QPAREB highlights progress but calls for adjustments
Gazette officielle du Québec
. However, the Association points out that certain elements may undermine the transparency of the sales process and home ownership.
Among the major elements of the reform, which is set to come into effect on August 14, 2025, is the obligation for the seller to provide the buyer with a certificate from the syndicate of co-owners, a document that will include detailed information on finances, claims, major work, insurance, litigation, and amendments to the declaration of co-ownership.
Risk to transparency at the time of marketing
Although this new requirement is a step in the right direction to improve the quality of information available when purchasing a condominium, the QPAREB is concerned about the current interpretation that the certificate can only be obtained by the buyer after a promise to purchase has been filed. Article 1068.1 of the Civil Code of Québec stipulates that
'
A person who sells a fraction shall, in due time, give the promisor a certificate of the syndicate attesting to the condition of the immovable held in co-ownership, whose form and content are determined by government regulation.
' This constraint would deprive sellers of useful information for setting their selling price and buyers of essential information when making their offer.
The QPAREB is in favour of better information for buyers and sellers, but they must be able to access it at the right time, i.e., before making a legal and financial commitment. 'Real estate brokers must also have all the information they need to fulfill their duties of verification, disclosure, information, and advice to their clients,' says Nathalie Bégin, president of the QPAREB's Real Estate Brokerage Practice Committee.
What this means for Quebec buyers and sellers
Under the announced reform, and according to the current wording and interpretation, a buyer will have to submit a promise to purchase for a condominium without having all the information at hand or the sound advice of their broker, since the syndicate's certificate will not be immediately available.
For the seller, this means that disclosing the certificate to the buyer could, in many cases, force the reopening of negotiations even after the promise to purchase has been accepted. In addition, the sale price may prove to be too high if it does not take into account important factors contained in the certificate, such as work to be done, special assessments, etc. This situation will make the transaction even more stressful for many buyers and sellers.
Need for harmonization between the RIS and the new certificate
The QPAREB also highlights the lack of official guidelines regarding harmonization between the new certificate, provided for in section 1068.1 of the
Civil Code of Québec
, and the RIS form (Request for information to the syndicate of co-owners), currently recommended by the Organisme d'autoréglementation du courtage immobilier du Québec (OACIQ).
'The RIS is a tool that is recognized, appreciated, and used by the vast majority of real estate brokers and their buyer clients to obtain relevant information prior to a transaction. Its future in the revised regulatory context remains uncertain, which could create confusion in the field,' adds Nathalie Bégin.
The QPAREB is calling for changes
To ensure consistent and effective implementation of the reform, the QPAREB is asking the government and relevant authorities to quickly decide on:
The QPAREB is in discussions with the government on these issues, and its representatives are hopeful that the necessary adjustments will be made.
About the Quebec Professional Association of Real Estate Brokers
The Quebec Professional Association of Real Estate Brokers (QPAREB) is a non-profit association that brings together more than 15,000 real estate brokers and agencies. It is responsible for promoting and defending their interests while taking into account the issues facing the profession and the various professional and regional realities of its members. The QPAREB is also a major player in many real estate dossiers, including the implementation of measures that promote homeownership. The Association reports on Quebec's residential real estate market statistics, provides training, tools and services relating to real estate, and facilitates the collection, dissemination and exchange of information. The QPAREB has its head office in Quebec City, administrative offices in Montreal and regional offices in Saguenay and Rouyn-Noranda. It has two subsidiaries: Société Centris inc. and the Collège de l'immobilier du Québec. Follow its activities at
qpareb.ca
or via its social media pages:
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For more information:
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