C-73.2 - Real Estate Brokerage Act

Section 4 Disposition versions

2020-05-01

4. A real estate broker’s licence authorizes its holder to be a party, as an intermediary, to a real estate brokerage contract, provided he or she personally performs his or her obligations under the contract, or to engage in a brokerage transaction for a real estate agency, personally or within a business corporation. The licence also authorizes its holder to hold himself or herself out as a real estate broker.

Only a natural person may hold a broker’s licence.

No broker’s licence holder who engages in a brokerage transaction through the intermediary of a person who is not a licence holder may claim or receive remuneration for the transaction.

2008, c. 9, s. 4; 2010, c. 40, s. 15; 2013, c. 18, s. 19; 2018, c. 23, s. 399.

2018-07-13

4. A real estate broker’s licence authorizes its holder to be a party, as an intermediary, to a real estate brokerage contract, provided he or she personally performs his or her obligations under the contract, or to engage in a brokerage transaction for a real estate agency, personally or within a business corporation. The licence also authorizes its holder to hold himself or herself out as a real estate broker.

Only a natural person may hold a broker’s licence.

No broker’s licence holder who engages in a brokerage transaction through the intermediary of a person who is not a licence holder may claim or receive remuneration for the transaction.

2008, c. 9, s. 4; 2010, c. 40, s. 15; 2013, c. 18, s. 19; 2018, c. 23, s. 399.

Until 30 April 2020,

section 4, enacted by section 399, is to be read as if,

i. the following sentence were added at the end of the first paragraph: “Lastly, it authorizes its holder to engage in brokerage transactions relating to loans secured by immovable hypothec.”;

ii. the following paragraph were inserted after the first paragraph:

“A mortgage broker’s licence authorizes its holder to engage solely in brokerage transactions relating to loans secured by immovable hypothec. The licence also authorizes its holder to hold himself or herself out as a mortgage broker.”.

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

2013-06-14

4. Subject to sections 2 and 3 and special authorizations from the real estate self-regulatory organization known as the Organisme d’autoréglementation du courtage immobilier du Québec (the “Organization”), no person except the holder of a broker’s licence issued by the Organization may act as or purport to be a real estate or mortgage broker.

A real estate broker is a natural person who engages in a brokerage transaction described in section 1.

A mortgage broker is a natural person who engages exclusively in brokerage transactions relating to loans secured by immovable hypothec.

Subject to Division IV of Chapter II, a person who contravenes this section may not claim or receive remuneration for the transaction in which the person engaged. Likewise, a broker who engages in a brokerage transaction through the intermediary of a person who is not a licence holder is also precluded from claiming or receiving remuneration for that transaction.

2008, c. 9, s. 4; 2010, c. 40, s. 15; 2013, c. 18, s. 19.

2012-01-01

4. Subject to sections 2 and 3 and special authorizations from the real estate self-regulatory organization known as the Organisme d’autoréglementation du courtage immobilier du Québec (the “Organization”), no person except the holder of a broker’s licence issued by the Organization may act as or purport to be a real estate or mortgage broker.

A real estate broker is a natural person who engages in a brokerage transaction described in section 1.

A mortgage broker is a natural person who engages exclusively in brokerage transactions relating to loans secured by immovable hypothec.

Subject to Division IV of Chapter II, a person who contravenes this section may not claim or receive remuneration for services rendered.

2008, c. 9, s. 4; 2010, c. 40, s. 15.

2010-05-01

4. Subject to sections 2 and 3 and special authorizations from the real estate self-regulatory organization known as the Organisme d’autoréglementation du courtage immobilier du Québec (the “Organization”), no person except the holder of a broker’s licence issued by the Organization may act as or purport to be a real estate or mortgage broker.

A real estate broker is a natural person who engages in a brokerage transaction described in section 1.

A mortgage broker is a natural person who engages exclusively in brokerage transactions relating to loans secured by immovable hypothec.

A person who contravenes this section may not claim or receive remuneration for services rendered.

2008, c. 9, s. 4.