Publications

PFD | Real estate

  • September 2016
    PFD | Real estate
    Do you know the rules?

    Act to bolster tobacco control

    By Isabelle Gingras
    On May 26, 2016, sections 4, 5, and 32 of the Act to bolster tobacco control came into effect. The government's decision to ban smoking on terraces and in vehicles with children under 16 years old garnered extensive media coverage. However, the anti-smoking regulation also covers sports fields, outdoor parks for children and playgrounds, as well as the public spaces of residential buildings with over 2 units (the Act previously applied only to residential buildings with six or more units).

  • January 2016
    PFD | Real estate

    Hidden defects: The ABCs of liability

    By Charlotte Deslauriers-Goulet
    While the purchase of a new home often holds the promise of happy memories, a hidden defect can unfortunately mark the beginning of a series of disappointments and doubts than may lead a buyer to take the seller to court. The seller of a property must guarantee to the purchaser that the premises are free of any hidden defects. Should a defect arise, the buyer may take action against the seller and possibly also against any previous sellers. Depending on the circumstances and conditions set out in the sales contract, a claim may seek the cancellation of the sale or a reduction in the selling price. In addition, in cases in which the seller was aware of the defect or could not have ignored it, he or she may be required to repair the consequences in addition to refunding the purchase price.

  • September 2015
    PFD | Real estate

    Condo life, building bylaws and the limits of individual freedoms

    By François Laplante Lawyer
    There are many advantages to living in a condominium: the proximity of shops and services, shared common areas such as a pool or terrace and the little upkeep required as compared to a single-family home.

  • September 2015
    PFD | Real estate

    Rental property owners: Your tenant's illegal activities could lead to the seizure of your building

    By Alexandre McCormack
    The government recently seized a rental property that was being used for drug trafficking. In Directeur des poursuites criminelles et pénales (hereinafter, "DPCP") v. Rogers 2015 QCCQ 3321, a building was seized from its owner under the Controlled Drugs and Substances Act (hereinafter, "Act").

  • June 2015
    PFD | Real estate

    Long-term contracts for new condo projects and the contract period

    By Isabelle Gingras
    When a new real estate project is launched, the developer that owns most of the units controls the project syndicate.

  • December 2014
    PFD | Real estate

    The obligation of good faith and commercial leases

    By Neda Esmailzadeh
    A recent decision by the Superior Court of Québec underscores the importance of the obligation of good faith which governs all aspects of the contractual relations between parties.