Our Specialized Services in Real Estate Law
Our real estate lawyers in Montreal offer notably their services in the following legal fields.
Liability of Person Involved in the Sale of Immovable Property
Real estate brokers, notaries and building inspectors have obligations towards their clients. They shall also comply with a code of ethics specific to their profession. In the event of a breach of their contractual obligations or code of ethics, consumers have recourse to legal remedies.
We offer a service that allows us to determine the accountability of each person, the chances of success and to pursue the right people with sufficient evidence.
Construction Law and Liability of the Person Having Taken Part in the Construction of an Immovable
Several people are involved in the construction of a building. In the case of a construction defect, our lawyers offer a service that makes it possible to determine the liability of each person and the proportionality of the various choices of recourse available. Based on the evidence at our disposal, we will evaluate your chances of success in your litigation.
Remedies Related to the Guarantee Plan
In 1999, the government made a guarantee plan mandatory for new residential buildings. This plan ensures that the contractor performs properly the legal and contractual obligations provided by the Regulation respecting the guarantee plan for new residential buildings.
We support our clients through all proceedings and steps that can sometimes be deemed complicated according to a technical and legal point of view.
Advice to Buyers and Sellers
We offer legal advice to buyers and sellers on every recourse that is related to the sale or purchase of a property, whether it is a house, duplex, triplex, apartment building, divided co-ownership or undivided co-ownership.
A latent defect is a defect in a property that was unknown to the buyer at the time of sale. To be considered as a latent defect, it must carry a certain degree of seriousness and diminish its usefulness to such an extent that the buyer would not have bought it or would not have paid such a high price for it if he had known about it. It must also not be detectable or apparent to a prudent and diligent buyer, nor be revealed by indications found by a pre-purchase inspector without the need for an expert.
Action in Passing Title
The sale of a property implies a “passing of title”. In exchange for sum of money following a real estate transaction, the seller transfers to the buyer his right of ownership of the property. Recourses are available if promises to purchase have not been satisfied.
The boundaries of land consist to delimit the boundary between two neighbouring properties. Encroachment occurs when one neighbour uses the other’s land without its consent.
A servitude is a charge imposed on an immovable (the servant land) in favour of another immovable (the dominant land). An owner agrees to transfer a benefit to another neighbouring owner.
For example, a benefit that gives the right to circulate on the neighbouring property in order to access the lake would be a servitude to access the lake. A servitude that prevents a property owner from blocking the view of another neighbour is a servitude of view.
Our real estate lawyers in Montreal will counsel and assist you in recourses related to encroachments and servitudes.
Representations at the Rental Board
We represent our clients at the Rental Board for any type of dispute between landlords and tenants.
Other Services We Are Offering
Here are other services related to this expertise that we are offering.
You are a syndicate of co-ownership, a board of directors, a building manager, an administrator, a president of co-owners’ meetings, a co-owner, a tenant, are involved in short-term rental or you wish to manage an Airbnb? Our real estate lawyers in Montreal are qualified to draft and interpret complex contractual documents which include declarations of co-ownership and their constituting act, building by-laws and description of fractions.
As part of various mandates, our lawyers are called upon to represent building owners, building managers and tenants of residential and commercial premises. They are involved in disputes between landlord and tenant or can help to draft and negotiate commercial leases.
Why Call Upon Fiset Legal?
Our real estate lawyers in Montreal offer their expertise in litigation and in real estate law, co-ownership and construction law, labour law, insurance law, as well as in related areas of law.
These real estate lawyers in Montreal ensure to counsel you strategically, in your best interest and in a way that optimizes the results of the case in proportion of the costs and complexity of each case. We offer our services in both complex and simpler cases.