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The mandate

A mandate, also known as power of attorney, is a contract by which one person (the principal) gives another person (the agent) the power to enter one or more legal transactions with a third party in their name and on their behalf. When you engage the services of a...

How to terminate a servitude?

A servitude is a charge imposed on an immovable (the servient land), in favour of another immovable (the dominant land), belonging to a different owner. (article 1177 of the Civil Code of Québec) In the last article, we presented the concept of servitude and the...

Forcing the sale: the action in passing of title

You have just signed a promise to purchase a house and suddenly the seller refuses to follow through on the promise and refuses to sell. What can you do? You can either claim damages for the unilateral termination without right or force the sale by filing a legal...

Building a New House – Acceptance of Work and its Consequences

At the end of your home construction project, upon acceptance of the work, be careful not to accept unreservedly the work, or make the final payment, if some defects are apparent. I have a general contractor A client who accepts the works from a contractor without...

Building a New House – Who Can Work on the Building Site?

Building a brand new house is such an exciting project! Earlier this month we covered the planning required, as well as the licenses and permits to obtain before construction can begin. Now, with your plans, licenses and permits in hand, comes the time to (finally!)...

What is the value of a verbal contract?

Every day we enter into many contracts without even realizing it. Indeed, a contract exists as soon as two persons (a company is considered a legal person), commit to do something for each other. A contract is formed by the mere exchange of consent. For example,...

Do I have any recourse against an intolerable neighbour?

Sometimes, the habits and behaviour of neighbours can lead to conflicts. Therefore the Civil Code of Quebec provides for rights and obligations between neighbours, as well as the municipalities that modify or complete these provisions with by-laws. Although the law...

What exactly is the “prescription”?

Make no mistake, this article will not discuss of the prescriptions that your doctor writes for you following his diagnosis. Instead, this article will explain the legal concept commonly known as “prescription”. In law, there are two types of prescription:...

Be a prudent buyer even in a crazy real estate market

It is no secret that the current Covid-19 pandemic is causing real estate fever: more and more people are looking to become homeowners in a saturated market. As a result, the buyer is often forced to acquire a property at over-auction, abandoning the pre-purchase...