C-73.2, r. 1 - Regulation respecting brokerage requirements, professional conduct of brokers and advertising

Section 118 Disposition versions

2023-03-23

118. Whatever the medium, a property description or similar document intended for the public in which the details of an immovable subject to a real estate brokerage contract are provided must specify

(1)  if applicable, the existence of a statement from the owner of the immovable for sale or lease and the availability of any document containing that statement;

(2)  if applicable, that the immovable is being sold with no legal warranty;

(3)  the name of the broker or agency under the real estate brokerage contract and the licence held, displayed prominently in type of the same colour at least the size of the other information appearing in the document or property description;

(4)  if applicable, that the holder under the real estate brokerage contract has a direct or indirect interest in the immovable and that the notice required by section 18 is available;

(5)  if the real estate brokerage contract is for the sale of the immovable, that the document or property description is not an offer or a promise that may bind the seller, but is an invitation to submit such offers or promises; and

(6)  unless the owner of the immovable gives written instructions regarding non-disclosure of the owner’s identity, information on the subject of the real estate brokerage contract or the parties to it that is necessary to complete a transaction proposal.

The property description or document may contain other information that conforms to the Real Estate Brokerage Act (chapter C-73.2) or of this Regulation.

O.C. 299-2010, s. 118; O.C. 173-2023, s. 59.

2012-09-01

118. Whatever the medium, a property description or similar document intended for the public in which the details of an immovable subject to a brokerage contract are provided must specify

(1)  if applicable, the existence of a statement from the owner of the immovable for sale or lease and the availability of any document containing that statement;

(2)  if applicable, that the immovable is being sold with no legal warranty;

(3)  the name of the broker or agency under the brokerage contract and the licence held, displayed prominently in type of the same colour at least the size of the other information appearing in the document or property description;

(4)  if applicable, that the holder under the brokerage contract has a direct or indirect interest in the immovable and that the notice required by section 18 is available;

(5)  if the brokerage contract is for the sale of the immovable, that the document or property description is not an offer or a promise that may bind the seller, but is an invitation to submit such offers or promises; and

(6)  unless the owner of the immovable gives written instructions regarding non-disclosure of the owner’s identity, information on the subject of the brokerage contract or the parties to it that is necessary to complete a transaction proposal.

The property description or document may contain other information that conforms to the Real Estate Brokerage Act (chapter C-73.2) or of this Regulation.

O.C. 299-2010, s. 118.