C-73.2 - Real Estate Brokerage Act

Section 1 Disposition versions

2021-12-08

1. For the purposes of this Act, a “real estate brokerage contract” means

(1)  a contract by which a party, the client, for the purpose of entering into an agreement for the sale or lease of an immovable, asks the other party to act as its intermediary in dealing with persons who might be interested in purchasing or leasing the immovable and, possibly, in bringing about an agreement of wills between the client and a buyer, promisor-buyer or promisor-lessee;

(2)  a contract by which a party, the client, for the purpose of entering into an agreement for the purchase or lease of an immovable, asks the other party to act as its intermediary in dealing with persons who are offering an immovable for sale or lease and, possibly, in bringing about an agreement of wills between the client and a seller, promisor-seller or promisor-lessor.

A contract by which an intermediary receives no remuneration is not a real estate brokerage contract under this Act.

2008, c. 9, s. 1; 2009, c. 58, s. 139; 2018, c. 23, s. 396; 2021, c. 34, s. 55.

2018-07-13

1. For the purposes of this Act, a “real estate brokerage contract” means

(1)  a contract by which a party, the client, for the purpose of entering into an agreement for the sale or lease of an immovable, asks the other party to act as its intermediary in dealing with persons who might be interested in purchasing or leasing the immovable and, possibly, in bringing about an agreement of wills between the client and a buyer, promisor-buyer or promisor-lessee;

(2)  a contract by which a party, the client, for the purpose of entering into an agreement for the purchase or lease of an immovable, asks the other party to act as its intermediary in dealing with persons who are offering an immovable for sale or lease and, possibly, in bringing about an agreement of wills between the client and a seller, promisor-seller or promisor-lessor.

A contract by which an intermediary obligates himself or herself without remuneration is not a real estate brokerage contract under this Act.

2008, c. 9, s. 1; 2009, c. 58, s. 139; 2018, c. 23, s. 396.

2010-05-01

1. This Act applies to any person or partnership that, for others and in return for remuneration, engages in a brokerage transaction relating to

(1)  the purchase or sale of immovable property, a promise to purchase or sell immovable property, or the purchase or sale of such a promise;

(2)  the lease of immovable property, when the person or partnership acting as an intermediary carries on an enterprise in that field;

(3)  the exchange of immovable property;

(4)  a loan secured by immovable hypothec; or

(5)  the purchase or sale of an enterprise, a promise to purchase or sell an enterprise, or the purchase or sale of such a promise, under a single contract, if the enterprise’s property, according to its market value, consists mainly of immovable property.

However, this Act does not apply to a transaction involving a derivative within the meaning of the Derivatives Act (chapter I-14.01) or to a transaction of securities within the meaning of the Securities Act (chapter V-1.1).

2008, c. 9, s. 1; 2009, c. 58, s. 139.