In the drafting any type of Agreement, it is imperative to ask the following 5 Ws:
In most contracts whether it be a real estate related Agreement or a general contractual agreement, the idea remains the same.
Below is a non-exhaustive list of the type of questions that you should ask yourself:
What are the financial implications?
What is the delay where one is to be bound by the Agreement?
What are the non-financial implications of the Agreement?
What happens in the event of default?
Where is the jurisdiction of the courts in cases of default?
Can one claim damages?
Does one need insurance?
REAL ESTATE PROPERTIES AND DEED OF SALE AGREEMENTS:
In the real estate realm of law in the province of Quebec, real estate is divided between notaries and lawyers.
The drafting and registration of immovable residential and commercial properties falls within the scope of a notary.
However, it is quite common that a lawyer is called upon to review and comment on an offer to purchase, promise to purchase or purchase agreement when a property is being sold.
In fact, lawyers can be instrumental is ensuring that a client’s position is well protected and can even be present at the notary’s offices for the signing of the deed of sale.
On other occasions, the buyer or the seller decides not to proceed with a deed of sale at the notary’s offices despite a promise to purchase duly signed between the buyer and the seller.
If such is the case, there is recourse to the courts for “passing of title.”
Consequently, if the buyer or the seller is dissatisfied due to the absence of a transfer of the property, a law firm has the capacity to force the sale of the property through a motion called “Passing of title” before the courts.
For any questions, concerns or interests in the passing of title, click here
COMMERCIAL LEASE AGREEMENTS:
Prior to signing a commercial lease, it is imperative that a commercial lease be reviewed by independent legal counsel in order to protect the rights of the party.
A Lease Agreement is a binding document that has numerous financial obligations and legal consequences.
Please find enclosed a power point presentation of numerous clauses that may be applicable in a commercial context for a lease agreement.
Schneider Attorneys has rest experience in representing you in the following miscellaneous agreements and can provide you value added advice and counsel.
- Assignment of Lease Agreements in Real Estate
- Lease Renewal Agreements
- Termination/Resiliation of Lease Agreements
- Employment Agreement for a real estate broker working for a brokerage firm
- Commission Agreement for real estate brokers
- Non-disclosure and Confidentiality Agreements
- Royalty Agreements
- Licensing Agreements
- Franchise (Franchisor/Franchisee) Agreements
If you are looking for a law firm with reasonable rates, quick and efficient turnaround time for your files and who provides personalized and effective follow-ups, call Schneider Attorneys at (514) 439-1322 ext. 112 or email us at email@example.com
The above noted text should not be construed as providing legal advice or a statement of your claim. The process highlighted above are merely parameters and barometers and do not constitute any warranties and guaranties with regards to your file at hand. We strongly recommend that you seek legal advice with a licensed attorney from the Barreau du Quebec or a notary at the Chambre des Notaires. Each case must be seen and analysed on its merits as the legal process may be complex and cumbersome.