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Notarial law

Our notary service

A notary is a legal advisor, called the "agreement lawyer" for his practice based on prevention, conciliation, and alternative methods of conflict resolution.

Having the duty to act impartially and neutrally towards his clients, the notary must withdraw from a file that becomes litigious.

The notary has the status of public officer, which allows him to confer authenticity on certain deeds such as mortgages, deeds of purchase, declarations of co-ownership, joint ownership agreements, wills and protection mandates.

This contribution and the reliability of his evidence make the notary an essential guide in a variety of legal cases.

A. Notarial service in co-ownership

Fiset Légal offers a complete and superior service to developers, condominium syndicates, landlords and tenants, real estate brokers, managers and co-owners.

01.

Writing

  • Personalized commercial leases (gross, net, net net, net net net lease);
  • Sales and purchases (see our package in this regard) ; (on package hypertext link to Packages > Sale and purchase of fractions of co-ownership)
  • Preliminary contracts and information notes;
  • Movable mortgages;
  • Real estate mortgages:
    • Conventional;
    • Legal notices of the syndicate of co-owners for the payment of common charges;
    • Legal claims of persons who participated in the construction or renovation of a building;
  • Releases and releases of mortgages;
  • Declarations of co-ownership (deed of incorporation, building regulations and descriptive statement of the fractions);
  • Update of declarations of co-ownership, including in particular:
    • Drafting of loss prevention clauses;
    • L’exercice des droits d’accès aux parties privatives dans le respect du droit à la vie privée et à l’inviolabilité de la demeure ;
    • The exercise of rights of access to the parties Adjustment of the clause providing for an adequate interest rate on the debts of the syndicate of co-ownership; private in respect of the right to privacy and inviolability of the residence;
    • Penalty clause ;
    • Clause for the imputation of amounts;
    • Supervision of moves;
    • Prohibition of short-term AirBnB-type rentals;
    • Limitation and supervision of the right to consume cannabis, vaping and tobacco (cigarettes and its other forms);
    • Specification of floor coverings authorized or not (carpet, marble, ceramic, wood, as well as their insulating acoustic membranes);
    • Animal agreements - terms of the right to own an animal and the right to keep animals in the common areas;
    • Electric charging stations;
    • Modus operandi of the execution of the works in the private areas - conditions to be respected;
    • Clause relating to housing, tenants and landlords, and the communication of the identity of the occupants and for compliance with the building regulations to be respected by them;
    • Arbitration clause, perfect or partial;
    • Consultation of the registers of the co-ownership;
    • Supervision of homes.
  • Resolutions;
  • Joint ownership agreements;
  • Acts of servitude;
  • Surety contracts;
  • Corrections and modifications of deeds of easement;
  • Cadastral changes;
  • Corrections of material errors and title defects;
  • Mutual transactions and receipts;
  • Self-employed contracts;
  • Submission contracts;
  • Construction contracts;
  • Service contracts (developers, general contractors, sub-contractors, architects, engineers and managers);
  • Employment contract.
02.

Training

On request, training adapted to your needs, tailor-made, turnkey, are offered by Fiset Légal. For more information, do not hesitate to contact us at info@fisetlegal.com.

03.

Legal Opinion and Advice

Fiset Légal provides you with uncompromising legal advice focused on positive law, in its areas of specialized practice. Our services cover:

  • The right, reasonable restriction or prohibition in certain cases of animals;
  • The right, restriction or ban on smoking;
  • Joint ownership works;
  • Relocations;
  • Insurance and civil liability in co-ownership;
  • The rights and obligations of the syndicate of co-ownership and the co-owners;
  • The rights and obligations of joint owners;
  • The decision-making process of a syndicate of co-ownership;
  • The presidency and the secretariat (officers) at the meeting of co-owners;
  • Virtual or face-to-face meeting, with legal advice service for co-owners.
04.

Property developer and builder

Fiset Légal provides complete, direct, pragmatic and land support, focused on the needs of a real estate developer in all the stages leading to the birth of a co-ownership, including:

  • Proceed with the conversion of a building into divided co-ownership;
  • Create a divided co-ownership on plan;
  • Choose the legal form of divided co-ownership, tailor-made and according to your needs;
  • Proceed with the conversion of a co-ownership into joint ownership;
  • Design and plan financing adapted to your needs and your sales of fractional co-ownership of your buildings (residential, commercial and office) or parceled land;
  • Develop with land surveyors the design of a custom condominium adapted to your needs;
  • Draft and publish the declaration of co-ownership;
  • Register the syndicate of co-ownership;
  • Draft and publish the joint ownership agreement;
  • Draft and prepare preliminary contracts and information notes;
  • Prepare and draft memoranda of distributions and disbursements (adjustment sheets);
  • Sell ​​the units once the project has been designed;
  • Receive and publish deeds in the Quebec Land Registry;
  • Constitute the registers of the co-ownership;
  • Advise and assist the provisional administrator in decision-making;
  • Draft your contracts of:
    • Constructions ;
    • General contractors;
    • Stationery ;
    • Products;
    • Services ;
  • Advise the real estate developer in the management of his contracts and the prevention of disputes during the works (dispute management by interlocutory arbitration, without the intervention of lawyers);
  • Act in your interests in disputes between a promoter, a general contractor, a sub-contractor, a tradesperson, an engineer, a manager, a co-owner or a buyer.
  • Write resolutions and minutes:
    • Interrelated companies of the project;
    • For the management of the provisional administrator;
    • The syndicate of co-ownership (board of directors and assembly of co-owners).
  • Write specific legal opinions;
  • Study and advise on the financial statements specific to the areas of divided co-ownership law with its specificities and particularities;
  • Prepare an initial budget for year one, then the provisional budget for the transition and the rest of the life of a syndicate of co-ownership;
  • Coordonner, convoquer et tenir l’assemblée de transition requise par l’article 1104 du Civil Code of Quebec ;
  • Assist (support and advice) and/or chair the transition assembly.

Other notarial services

01.

Family Law / Inheritance Law

  • Wills;
  • Estate planning;
  • Protection mandates;
  • Protective regimes;
  • Verification of will;
  • Estate liquidation;
  • Homologation of protection mandates.
02.

Others

  • Non-contentious procedures;
  • Proxies;
  • Search in the register of personal and movable real rights (RDPRM);
  • Negotiation of transactions and other contracts;
  • Specific mandates;
  • Tailor-made mandates.
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    FISET legal is a law firm offering comprehensive expertise, at your service for 10+ years.

     Our attorneys offer their expertise in litigation and in real estate law, condominium law, construction law and all other related legal fields.

     Our attorneys aim at advising you strategically, in your best interest and in order to optimise the results on file, proportionally considering the costs and the complexity of the file. We act in complex as well as in simpler cases.