ILN: Buying and Selling Real Estate - An International Guide

[BUYING AND SELLING REAL ESTATE IN CANADA - QUÉBEC]

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VIII. CHARTER OF THE FRENCH LANGUAGE The Charter of the French Language (Québec) makes French the exclusive official language in the Province of Québec, although other languages (such as English) may be used in certain circumstances and under certain conditions. Generally speaking, all contracts which are imposed by one party on the other and are not negotiable are considered adhesion contracts, and must be presented to the party on whom they are imposed (the adhering party) in French, after which the adhering party may agree to receive and sign an English version. Since September 1, 2022, regardless of the date of their signature, all deeds and other documents (example, a notice of lease) submitted for publication at the Québec land registry office must be filed exclusively in French,; if filed in a language other than French, they must be accompanied by a certified French translation, failing which they will be rejected. A contract for the sale or exchange of part or all of a chiefly residential immovable of fewer than 5 dwellings, or of a fraction of a chiefly residential immovable that is the subject of an agreement or declaration of co-ownership must be drawn up in French but may be prepared exclusively in another language if all parties expressly so agree. However, the promise to enter into such a contract, as well as the preliminary contract required to be entered into between a builder or developer and an individual purchaser of an existing or planned residential immovable, and the memorandum required to accompany it if the immovable is to be held in co-ownership (i.e., a condominium), must be prepared exclusively in French.

Furthermore, documents accompanying a registration request (for example, proof of service of a notice or judgment, a certificate of death, etc.) must be in the French language, or if drafted in another language, must be accompanied by a French version certified by a licensed translator. all supporting In addition, the Charter of the French Language regulates signage outside a building, as well as signage inside the building which is visible from the outside. Generally speaking, English trademarks (whether registered or common law) may be used without a French equivalent, provided that a French trademark has not been registered, but must be accompanied by a Frenc generic term describing the nature of the goods of services offered (ex., Café Second Cup). Furthermore, the French non-trademarked text must be twice as prominent (generally twice as large) as the English version. IX. ANNUAL COSTS FOR PROPERTY OWNERSHIP In addition to the purchase price, a buyer must typically budget for the following annual expenses of property ownership: A. Property Insurance (including boiler and machinery, fire, damage and liability). B. Property Taxes (municipal, school, water, special assessments); if all or part of the property is rented out, the rental income will be subject to income tax in the hands of the landlord. C. Operating expenses, such as utilities, maintenance, and repairs. CONCLUSION Real estate is an area of interest for most people, regardless of their profile and focus, whether as an owner, tenant, landlord, or merely someone who keeps an eye on the economy, as fluctuations in the real estate

ILN Real Estate Group – Buying and Selling Real Estate Series

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