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THE PURCHASE AND SALE OF PROPERTYPurchasing a property means above all to be well-informed

Should you wish to purchase certain consumer goods, such as a television set or a household appliance, the information received from those around you will generally be sufficient for you to make a proper choice.

It is quite otherwise in buying real estate. The purchase of land, or a home or a revenue-bearing property requires, before-hand, not merely a great deal of advice but above all proper advice. The purchaser owes it to himself to be properly advised;

it cannot be too highly recommanded that he consults his notaty, the expert in the field, considering the complexity of the matters involved, such as:

  • the importance of the investment;
  • the validity of the title to the property;
  • the economic and legal consequences;
  • the tax implications.

The title search: a necessity

One of the main functions of a notary is to be found in this field. After carrying out the necessary title search, your notary will be in a position to guarantee that the title to the property will not be contested

First of all, his search consists of verifying whether:

  • the vendor is the true owner of the property;
  • he has the right and capacity to sell it;
  • his spouse or other persons must consent to the sale; etc.

With the aid of a certificate of location, your notary is than in a position to verify whether:

  • the dimensions of the lot are precise;
  • the building has been properly erected on the lot to be sold;
  • the dwelling has been built in conformity with municipal by-laws and zoning regulations;
  • the neighbour's property encroaches on the lot;
  • the windows and balconies conform to legal standards; there exists rights of way, etc

Finally, from his title search, your notary will be able to detect any charges or real rights likely to affect or limit your right of ownership, such as mortgages (hypothecs), seizures, judgments, servitudes, etc.

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