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Real estate law

Promise to sell/purchase

The promise to sell or purchase is the most common document signed by all interested parties prior to a sale. Contrary to popular belief, this document cannot be easily disposed of after signature. It is a preliminary contract that imposes obligations on the parties. Once the promise is signed, it becomes extremely difficult to alter its terms and withdraw from the obligations thereby contracted. Hence the importance of consulting a notary before signing any document, to avoid difficult and often irreparable situations.

Selling your immovable property to whom and when you please appears to be an acquired right; however, sometimes, an owner must be authorized to sell his property.

For example,

• the owner of a family residence must have the written consent of his or her spouse to sell

• a tutor to minor child shall often obtain certain authorizations to sell an immovable owned by the minor child

• the owner of classified cultural property must, in well-defined circumstances, obtain authorization to sell; the same is often true for the owner of agricultural property

• the sale of an immovable that forms part of a housing complex is subject to authorization by the Régie du logement.

Caution is therefore recommended. If you sell without right, you jeopardize the sale and expose yourself to civil action. The notary can inform you about the authorizations required and, if you so request, will undertake to obtain them.