C-73.2 - Real Estate Brokerage Act

Section 2 Disposition versions

2021-12-08

2. No person, except the persons referred to in section 3, may be the intermediary party to a real estate brokerage contract for the sale or purchase of an immovable or, in the case of a person authorized under an Act of a jurisdiction other than Québec to engage in a brokerage transaction described in section 1 outside of Québec, for the lease of an immovable without holding a broker’s or agency licence issued in accordance with this Act or a special authorization from the real estate self-regulatory organization known as the Organisme d’autoréglementation du courtage immobilier du Québec (the Organization) established under section 31.

Consequently, the intermediary, other than the person referred to in the first paragraph and authorized under an Act of a jurisdiction other than Québec, that is a party to a real estate brokerage contract for the lease of any immovable is not required to hold a broker’s or agency licence. Such a licence may nevertheless be issued if the intermediary applies for it, as if the licence were necessary.

Subject to Division IV of Chapter II, a person who contravenes the first paragraph may not claim or receive remuneration for performing the obligations of an intermediary.

2008, c. 9, s. 2; I.N. 2016-01-01 (NCCP); 2018, c. 23, s. 396; 2021, c. 34, s. 56.

2020-05-01

2. No person, except the persons referred to in section 3, may be the intermediary party to a real estate brokerage contract for the sale or purchase of an immovable without holding a broker’s or agency licence issued in accordance with this Act or a special authorization from the real estate self-regulatory organization known as the Organisme d’autoréglementation du courtage immobilier du Québec (the Organization) established under section 31.

Consequently, the intermediary party to a real estate brokerage contract for the lease of any immovable is not required to hold a broker’s or agency licence. Such a licence may nevertheless be issued if the intermediary applies for it, as if the licence were necessary.

Subject to Division IV of Chapter II, a person who contravenes the first paragraph may not claim or receive remuneration for performing the obligations of an intermediary.

2008, c. 9, s. 2; I.N. 2016-01-01 (NCCP); 2018, c. 23, s. 396.

2018-07-13

2. No person, except the persons referred to in section 3, may be the intermediary party to a real estate brokerage contract for the sale or purchase of an immovable without holding a broker’s or agency licence issued in accordance with this Act or a special authorization from the real estate self-regulatory organization known as the Organisme d’autoréglementation du courtage immobilier du Québec (the Organization) established under section 31.

Consequently, the intermediary party to a real estate brokerage contract for the lease of any immovable is not required to hold a broker’s or agency licence. Such a licence may nevertheless be issued if the intermediary applies for it, as if the licence were necessary.

Subject to Division IV of Chapter II, a person who contravenes the first paragraph may not claim or receive remuneration for performing the obligations of an intermediary.

2008, c. 9, s. 2; I.N. 2016-01-01 (NCCP); 2018, c. 23, s. 396.

Until 30 April 2020,

section 2, enacted by section 396, is to be read as if the third paragraph were replaced by the following sections:

“2.0.1. A person or partnership that, for others and in return for remuneration, engages in a brokerage transaction relating to a loan secured by immovable hypothec must hold the licence required under this Act.

“2.0.2. Subject to Division IV of Chapter II, a person who contravenes the first paragraph of section 2 or section 2.0.1 may not claim or receive remuneration for performing the person’s obligations as an intermediary or, as applicable, for the brokerage transaction in which the person engaged.”.

S.Q. 2018, c. 23, s. 486.

2016-01-01

2. Unless they use a title that is restricted under this Act, the following persons are not subject to this Act when engaging in a brokerage transaction described in section 1 in the course of their functions:

(1)  advocates and notaries;

(2)  liquidators, sequestrators, trustees in bankruptcy and bailiffs;

(3)  tutors, curators, liquidators of a succession and trustees;

(4)  provisional administrators appointed under the Act respecting the Autorité des marchés financiers (chapter A-33.2); and

(5)  chartered appraisers engaging in activities mentioned in paragraph j of section 37 of the Professional Code (chapter C-26).

2008, c. 9, s. 2; I.N. 2016-01-01 (NCCP).

2010-05-01

2. Unless they use a title that is restricted under this Act, the following persons are not subject to this Act when engaging in a brokerage transaction described in section 1 in the course of their functions:

(1)  advocates and notaries;

(2)  liquidators, sequestrators, trustees in bankruptcy, sheriffs and bailiffs;

(3)  tutors, curators, liquidators of a succession and trustees;

(4)  provisional administrators appointed under the Act respecting the Autorité des marchés financiers (chapter A-33.2); and

(5)  chartered appraisers engaging in activities mentioned in paragraph j of section 37 of the Professional Code (chapter C-26).

2008, c. 9, s. 2.