Civil Code of Québec, 1991

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A buyer who discovers a risk to their ownership rights must notify the seller in writing within a reasonable time, and identify the third person’s right or claim.

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A buyer who finds property defective must give the seller written notice within a reasonable time after discovery.

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The seller of movable property may treat the sale as resolved if the buyer does not pay and accept delivery, or stop delivery in transit if it appears the buyer will not perform a substantial part of the buyer’s obligations.

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1741. Where the sale of movable property was made without a term, the seller may, within 30 days of delivery, consider the sale resolved and revendicate the property if the buyer, being in default, has failed to pay the price and the

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A seller of immovable property may not seek resolution of the sale for the buyer’s non-performance unless the contract specifically gives that right.

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A seller using a resolutory clause must demand that the buyer, and any later acquirer if relevant, remedy the default within 60 days after the demand is registered in the land register.

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A sale of property on trial is presumed to be subject to a suspensive condition.

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1745. An instalment sale is a sale with a term by which the seller reserves ownership of the property until full payment of the sale price. A reservation of ownership with respect to a road vehicle or other movable property determined by

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In an instalment sale, the buyer bears the risk of loss of the property, unless it is a consumer contract or the parties agreed otherwise.

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The buyer’s balance owing becomes due if the property is sold under judicial authority or if the buyer transfers the property right to a third person without the seller’s consent.

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If the buyer does not pay the sale price as required by the contract, the seller may demand immediate payment of overdue instalments or recover the sold property. If the contract includes a forfeiture-of-term clause, the seller may instead demand the remaining sale price.

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When a buyer defaults and the seller or transferee takes back the sold property, the applicable repossession rules depend on whether the reservation of ownership was published and on who holds the property.

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A sale with a right of redemption is treated as a resolutory sale, and publication is required for the right of redemption or its transfer to be effective against third persons in the cases described.

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A seller who wants to exercise a right of redemption and take back property must notify the buyer, and also any later acquirer if the right was published. If the right of redemption was published, the notice must be published too.

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If the seller exercises the right of redemption, the property is taken back free of charges placed on it by the buyer, if any required publication was done on time and under the publication rules.

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A right of redemption cannot be set for more than five years.

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If a buyer of an undivided share acquires the whole property through partition, the buyer may require the seller to take back the whole property if the seller wants to exercise the right of redemption.

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In a joint sale or where a seller has several heirs, the buyer may object to taking back only part of the property and may require the co-seller or coheir to take back all of it.

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If the right of redemption secures a loan, the seller is treated as a borrower and the acquirer as a hypothecary creditor.

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An auction sale is a sale where property is offered to several persons through an auctioneer and sold to the last and highest bidder.

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A bailiff must conduct an auction sale under judicial authority according to the Code of Civil Procedure, this subheading, and consistent sale-notice particulars.

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The seller may set a reserve price or other sale conditions. Those conditions cannot be used against the winning bidder unless the auctioneer tells the people present before bids are taken.

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A seller may refuse to disclose their identity at auction; if the identity is not disclosed to the successful bidder, the auctioneer is personally bound by the seller’s obligations.

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A bidder may not withdraw a bid at any time.

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An auction sale is perfected when the auctioneer declares the property sold to the last bidder.

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The seller of an immovable and the successful bidder must execute the act of sale within 10 days after either party requests it.

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Section 1764 is repealed.

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1765. If the buyer fails to pay the price in accordance with the conditions of the sale, the auctioneer may, in addition to the ordinary remedies of a seller, resell the property for false bidding, according to usage and after sufficient

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A successful bidder whose auction-purchased property is wrongfully seized may recover the price, interest, costs, and certain damages.

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Section 1767 is repealed.

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Section 1768 is repealed.

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Section 1769 is repealed.

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Section 1770 is repealed.

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Section 1771 is repealed.

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1772. (Repealed). 1991, c. 64, a. 1772; 2002, c. 19, s. 8.

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This section is repealed.

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Section 1774 is repealed.

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Section 1775 is repealed.

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Section 1776 is repealed.

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Section 1777 is repealed.

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Section 1778 is repealed.

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A seller of rights in a succession warrants only his quality as an heir if he does not describe in detail the property subject to the rights.

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The seller must hand over received fruits and revenues to the buyer, along with the capital of any claim due and the sale price of any property sold that formed part of the succession.

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The buyer must reimburse the seller for succession debts and liquidation expenses the seller has paid, and also pay succession debts for which the seller is liable.

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A right is litigious if it is uncertain, contested, or contestable by the debtor, including where an action is pending or likely to become necessary.

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Judges, advocates, notaries, and officers of justice must not acquire litigious rights.

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If litigious rights are sold, the person against whom they are claimed can be fully discharged by paying the buyer the sale price, costs, and interest from the payment date.

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A builder or developer selling a residential immovable to a buyer who will occupy it must first use a preliminary contract, and that contract must include withdrawal rights for the promisor.

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A preliminary contract must include specified information about the seller, promisor, property, price, delivery, and any review terms, and a regulation may require more.

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The seller must give the promisor a memorandum when selling certain co-owned or residential immovables, including at the time the preliminary contract is signed in one case.

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The memorandum must include specified project and management information, and a copy or summary of certain co-ownership or by-law documents must be appended, even if they are draft documents.

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When a fraction of an immovable under divided co-ownership is sold, the memorandum must state any leases granted by the developer or builder and the maximum number of fractions intended for lease.

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If a developer or builder grants a lease above the maximum number in the memorandum, the syndicate of co-owners may ask for the lease to be ended after notifying the lessor and lessee.

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1791. The budget forecast shall be prepared on the basis of one year of full occupancy of the immovable; in the case of an immovable under divided co-ownership, it is prepared for a period beginning on the date of registration of the

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Deposits paid to a builder or developer for a divided co-ownership fraction must be fully protected, and the deposit must be returned if the unit is not delivered on the agreed date.

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A sale of a co-owned immovable fraction may be resolved without formality if the co-ownership declaration is not registered within 30 days after it can be registered under the Book on Publication of Rights.

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A buyer of a residential immovable may seek annulment and damages if the sale was not preceded by the preliminary contract or memorandum and caused serious injury; if the buyer wants to keep the contract, they may seek a reduction in obligation instead.

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A contractor’s sale of land with an existing or planned residential immovable is subject to warranty rules for enterprise or services contracts, adapted as needed. The same applies to sales by a property developer.

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Exchange is a contract where the parties transfer ownership of property other than money to each other.

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If a party proves the other party did not own the property, that party cannot be forced to deliver the property promised in exchange; they only have to return what they received.

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A party evicted from property received in exchange may claim damages or recover the property transferred.

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1798. In all other respects, the rules pertaining to contracts of sale apply to contracts of exchange. 1991, c. 64, a. 1798.

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Giving in payment is a contract where a debtor transfers property to a creditor, and the creditor accepts it instead of money or other property owed.

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Giving in payment follows sale rules, and the person transferring property has the same warranties as a seller. It is perfected only by delivery of the property.

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A clause that lets a creditor become the irrevocable owner of property or dispose of it, when used to secure a debtor’s obligation, is treated as if it were not written.

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A lessor may transfer an immovable to a lessee for a ground rent, and the rent must be paid in money or in kind each year.

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The lessee may end the annual rent payments by offering to reimburse the capital value of the rent and giving up recovery of payments already made, but may not use an insurer to make the payments.

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The lessee is personally liable to the lessor for rent.

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1805. In all other respects, the rules pertaining to contracts of sale and to annuities apply to contracts of alienation for rent. 1991, c. 64, a. 1805.

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A gift is a contract where a donor transfers property to a donee without consideration; certain ownership-related rights may also be transferred by gift.

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A gift inter vivos requires actual divesting by the donor, meaning the donor becomes the debtor of the donee.

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A gift mortis causa is a gift that only takes effect when the donor dies.

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1809. An act by which a person renounces a right that he has not yet acquired or unconditionally renounces a succession or legacy does not constitute a gift. 1991, c. 64, a. 1809.

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A remunerative gift or a gift with a charge counts as a gift only to the extent its value exceeds the remuneration or charge.

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Indirect gifts and disguised gifts are governed by this chapter, except as to their form.

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A promise of a gift is not itself a gift; if the promisor does not perform, the beneficiary may claim damages.

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A minor or an adult under tutorship or a protection mandate may give only low-value property or customary presents, subject to the mandate and marriage or civil union contract rules.

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1814. The father and mother, the parents or the tutor may accept gifts made to a minor or, provided he is born alive and viable, to a child conceived but yet unborn. Only the tutor or mandatary may accept gifts made to a person of full age

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Section 1815 is repealed.

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A gift of property is null if the donor does not own it or is not authorized to give it, unless the donor has expressly undertaken to acquire the property.

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A gift to certain institution or residence personnel is ineffective if made while the donor is receiving care or services there, unless the recipient is the donor’s spouse or close relative. A gift to a member of a foster family while the donor was living with that family is also null.

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Gifts inter vivos are valid only for present property.

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A gift mortis causa is null unless it is made by marriage or civil union contract, or can be upheld as a legacy.

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A gift made while the donor is in a deemed mortal illness is null as a mortis causa gift, unless circumstances make it valid.

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A gift inter vivos is null if it makes the donee pay debts or charges beyond those existing at the time of the gift, unless the contract specifies the nature and amount of those debts or charges.

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1822. A gift inter vivos stipulated to be revocable at the sole discretion of the donor is null, even if it is made by marriage or civil union contract. 1991, c. 64, a. 1822; 2002, c. 6, s. 50.

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A gift inter vivos may only be made by particular title; otherwise, it is absolutely null.

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A gift of movable or immovable property must be made by notarial act en minute and published, unless it is a movable-property gift with party consent plus delivery and immediate possession.

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The donor delivers property by putting the donee in possession of it or allowing the donee to take possession, once hindrances are removed.

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The donor must transfer only the rights he holds in the property given.

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A donee may recover certain payments or expenses from the donor, but only up to the amount that exceeds the benefit received from the gift.

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A donor is not liable for latent defects in the donated property, but must make reparation if a known defect that impairs the donee’s physical integrity was not disclosed at the time of the gift.

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The donor must pay the contract expenses, and the donee must pay the expenses for removing the property.

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Unless the contract or law says otherwise, the donee is liable only for the donor’s debts tied to the universality of assets and liabilities received.

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1831. A gift may be made with a charge or a stipulation in favour of a third person. 1991, c. 64, a. 1831.

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If a charge in favor of several persons does not تعیین their respective shares, the share of a person who dies accrues to the surviving co-beneficiaries.

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The donee is personally liable for charges on the property given.

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A court may vary or revoke a charge if unforeseeable circumstances make it impossible or too burdensome for the donee.

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1835. The revocation or lapse of a charge stipulated in favour of a third person benefits the donee, unless another beneficiary is designated. 1991, c. 64, a. 1835.

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A gift made inter vivos may be revoked for ingratitude.

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An action in revocation may be brought only while the donee is alive and within one year of the relevant ground or the donor learning of it.

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If a gift is revoked, the donee must return what was received under the contract.

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Gifts under a marriage or civil union contract may be inter vivos or mortis causa, but they are valid only if the contract takes effect.

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A gift inter vivos may be made by marriage or civil union contract, but only certain listed persons may receive it.

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Gifts mortis causa are revocable. If a donor has said a gift is irrevocable, the donor cannot give away that property gratuitously by inter vivos act or by will without consent, unless the gift is of little value or is a customary present.

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1842. Leasing is a contract by which a person, the lessor, puts movable property at the disposal of another person, the lessee, for a fixed term and for consideration. The lessor acquires the property that is the subject of the leasing

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Property under a leasing keeps its movable nature while the contract lasts, even if attached to an immovable, unless it loses its individuality.

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The lessor must disclose the contract of leasing in the act of purchase.

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The seller of the property is directly bound to the lessee by the legal and conventional warranties in the contract of sale.

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The lessee must assume the risk of loss of the property, including loss caused by superior force, starting when possession begins, and must also assume maintenance and repair expenses.

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The lessor’s ownership rights may be asserted against third persons only if published; one rule allows this from the leasing contract date if publication occurs within seven days.

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A lessee may treat a lease as resolved if the lessor defaults and the property is not delivered within a reasonable time or the time set in the delivery demand.

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If a lease is resolved and the lessee benefited from it, the lessor may deduct a reasonable sum when returning what was received from the lessee.

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When a lease ends, the lessee must return the property to the lessor unless the lessee has exercised a contractual option to acquire it.

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A lease is a contract where the lessor gives the lessee enjoyment of movable or immovable property for a set or indefinite time in return for rent.

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Lease-related rights may be published, and publication is required for certain leases over one year or for specified movable property. Publication within seven days can make the rights effective against third persons from the date of the lease.

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A lease of movable property is not presumed. If someone uses movable property by sufferance of the owner, that person is presumed to have borrowed it under a loan for use. A lease of immovable property is presumed when someone occupies premises by sufferance of the owner.

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The lessor must deliver the leased property in good repair, provide peaceable enjoyment, warrant that it can be used for the leased purpose, and maintain it for that purpose during the lease term.

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The lessee must pay the agreed rent and use the property with prudence and diligence during the lease term.

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The lessor and lessee must not change the form or destination of the leased property during the lease term.

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The lessor may inspect the leased property, carry out work on it, and, for an immovable, have it visited by a prospective lessee or acquirer, but must act reasonably.

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The lessor must warrant the lessee against legal disturbances to use of the leased property, and the lessee must notify the lessor of any disturbance before pursuing remedies.

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A lessor is generally not required to repair injury caused by a third person’s disturbance of the property’s enjoyment, but may be bound in two specified cases.

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A lessee must avoid disturbing other lessees’ normal enjoyment and must make reparation for resulting injury.

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A disturbed lessee may seek a rent reduction or lease resiliation if the disturbance was notified to the common lessor and continues.

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The lessee must make reparation for injury to the lessor caused by loss of the leased property, unless the lessee proves the loss was not due to the lessee’s fault or that of permitted users or accessors.

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1863. The nonperformance of an obligation by one of the parties entitles the other party to apply for, in addition to damages, specific performance of the obligation in cases which admit of it. He may apply for the resiliation of the lease

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The lessor must make all necessary repairs to the leased property during the lease term, except minor maintenance repairs.

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The lessee must allow urgent and necessary repairs to the leased property, and the lessor may temporarily require the lessee to vacate or be dispossessed during those repairs.

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A lessee who learns of a serious defect or deterioration in the leased property must inform the lessor within a reasonable time.

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If a lessor fails to make required repairs or improvements, the lessee may ask the court to authorize the lessee to do the work.

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The lessee may make urgent, necessary repairs or incur related expenses, without court authorization, after trying to notify the lessor or after the lessor fails to act in time.

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The lessee must account to the lessor for repairs or improvements and related expenses, and hand over the expense vouchers and, for movable property, the replaced parts. The lessor must reimburse the lessee for amounts above the rent withheld, up to the amount the lessee was authorized to disburse where applicable.

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A lessee may sublease part or all of the leased property, or assign the lease, but must notify the lessor and obtain the lessor’s consent.

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A lessor may refuse consent to a sublease or assignment only for a serious reason.

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A lessor who consents to a sublease or lease assignment may not demand any payment except reimbursement of reasonable expenses caused by it.

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Assigning a lease discharges the former lessee’s obligations, unless the lease is not for a dwelling and the parties agree otherwise.

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If the lessor sues the lessee, the sublessee is not bound to the lessor for any amount except the rent owed for the sublease, and the sublessee may not count advance payments.

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If a sublessee fails to perform an obligation and this causes serious injury to the lessor or other lessees or occupants, the lessor may apply to have the sublease terminated.

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If a lessor does not perform his obligations, the sublessee may use the lessee’s rights and remedies to have those obligations performed.

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A fixed-term lease ends when its term expires, and an indeterminate-term lease ends when one of the parties resiles from it.

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A fixed-term lease may be renewed. Renewal must be express unless the lease is for an immovable, where it may be tacit.

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A lease is tacitly renewed if the lessee stays in the premises for more than 10 days after the lease ends and the lessor does not oppose.

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A lease term may not be longer than 100 years.

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1881. Security given by a third person to secure the performance of the obligations of the lessee does not extend to a renewed lease. 1991, c. 64, a. 1881.

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A party ending an indeterminate-term lease must give the other party notice.

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A lessee facing lease resiliation proceedings for non-payment of rent may avoid resiliation by paying the rent, costs, and interest before judgment.

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1884. A lease is not resiliated by the death of either party. 1991, c. 64, a. 1884.

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A lessee of a fixed-term immovable lease must allow the premises to be visited and signs to be posted for leasing purposes during the notice period before expiry; for an indeterminate-term lease, this applies from the notice of resiliation.

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1886. Voluntary or forced alienation of leased property or extinction of the lessor’s title for any other reason does not terminate the lease by operation of law. 1991, c. 64, a. 1886; I.N. 2014-05-01.

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The acquirer or beneficiary of an extinguished title may end a lease in limited cases, with notice rules that depend on the lease type.

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Total expropriation of leased property ends the lease when the expropriating party may take possession; partial expropriation may let the lessee obtain reduced rent or end the lease.

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A lessor of an immovable may seek eviction if the lessee stays after the lease ends or after the agreed handover date; a lessor of a movable may seek return of the property in the same situation.

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When a lease ends, the lessee must return the property in the condition received, except for aging, fair wear and tear, or superior force.

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When a lease ends, the lessee must remove the constructions, works, or plantations they made.

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1892. The lease of a room, of a mobile home placed on a chassis, with or without a permanent foundation, or of land intended for the emplacement of a mobile home is considered to be the lease of a dwelling. The provisions of this section

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1892.1. The services listed in the form reproduced in Schedule 6 to the Regulation respecting mandatory lease forms and the particulars of a notice to a new lessee (chapter R-8.1, r. 3) are services of a personal nature provided to the

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A lease clause for a dwelling has no effect if it conflicts with this section or specified articles.

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Before a lease is entered into, the lessor must give the lessee a copy of the immovable’s by-laws, if applicable.

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The lessor must give the lessee a lease copy, or a required writing for an oral lease, within 10 days after the lease is entered into; if a renewed lease is modified, the lessor must give a writing of the modifications before renewal begins.

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