Are you interested in a house currently on the market?
Have you spotted a property for sale and would like to visit it?
Since June 10, 2022, revolutionary legislation on real estate brokerage has come into force, radically transforming the way brokers engage with their client's buying process. This new law expressly prohibits real estate brokers from representing both buyer and seller in the same transaction, considered a clear conflict of interest.
If this is the case, you have two options:
Contact the real estate broker listed on the poster directly.
This broker works for the seller's interests under the C.C.V. contrat de courtage vente.
Use a real estate broker who is not in a direct conflict of interest.
This broker works for the buyer's interests with the C.C.A. purchase brokerage contract.
If you choose the first option,
C'est-à-dire de contacter directement le courtier immobilier mentionné sur l'affiche (le courtier inscripteur vendeur), il est impératif de noter que ce courtier a l'obligation de vous informer, dès la première discussion, qu'il représente exclusivement le vendeur, par contrat.
Il est clair que le courtier immobilier (inscripteur vendeur), bien qu'il affirme offrir un “traitement équitable” lors de la sollicitation d'une promesse d'achat de la part d’un acheteur non représenté par un courtier, ne peut pas adopter une position neutre à cause de son contrat qui le lie exclusivement au vendeur. Ici, le “traitement équitable” que parle la loi doit être compris comme le traitement équitable entre tous les acheteurs, et non d'être équitable entre les acheteurs et le vendeur.
If you choose the second option,
This involves using a real estate broker (buyer's agent) who is not in a direct conflict of interest because he or she has no contract with the seller of the property you are interested in.
By choosing this alternative, you'll benefit from optimal representation. You'll benefit from personalized, transparent support from your own real estate broker. You'll have access to all the advice and expertise of this carefully selected professional. As an exclusive intermediary, your broker will assume full responsibility for representing your interests as a buyer, putting forward only your needs and preferences.
the broker who accompanies you WITHOUT a C.C.A. works for the seller, not for you.
Let’s take a closer look at the ins and outs of this regulation
- The seller's broker must question you to determine whether you benefit from the representation of another independent real estate broker on his team, in compliance with recent legislation in force.
- He must explicitly state that he represents the seller exclusively, acting in his interests rather than yours.
- Because of his contractual commitment with the seller, the broker cannot provide you with advice. By law, a purchase brokerage contract is required to advise you as a buyer.
- It is crucial to note that this broker cannot provide you with comparative data to help you determine an appropriate proposal price. Likewise, his advice during the building inspection and other aspects is limited.
- Under regulations in force since June 2022, this broker is legally obliged to recommend in writing that you use your own real estate broker. This measure is designed to protect the interests of all parties involved in the transaction.
The purchase brokerage contract (CCA) enables the broker to take active steps and solicit opportunities that are not yet on the market.
- The buyer's broker protects the buyer's interests: By signing a CCA, the buyer benefits from the exclusive representation of a real estate broker who defends his interests, not those of the seller.
- Access to properties not listed on Centris: The CCA allows the broker to actively search for properties that are not officially on the market.
- In-depth checks on all properties:The broker carries out all the necessary checks on the properties you are interested in, including legal and structural aspects.
- Transparency and obligation to inform: The broker has an obligation to provide detailed explanations of all contract clauses as well as any relevant documents in order to keep the buyer informed of any factors that may affect his transaction.
- Negotiating compensation terms: The purchase brokerage contract clearly defines the broker's compensation terms, which can be negotiated. This gives the buyer the flexibility to determine how the broker's fees will be paid, either directly or by integrating them into the mortgage financing for greater transparency.
the broker who accompanies you with a C.C.A. works for you, not for the seller.
Whether they are put up for sale by other brokers (Centris), by owners (AVPP), by advertising companies such as Du Proprio, Publi-maison, Lespac, etc., by financial institutions (repossession of finances), or even by estates. It covers the whole spectrum of real estate possibilities!
The icing on the cake, the contrat de courtage d’achat (CCA) enables the broker to take active steps and solicit opportunities not yet on the market, all for the benefit of the buyer. When you’re represented, the broker jealously guards your interests as a buyer, provides advice tailored to your needs and criteria, skilfully negotiates the terms of a promise to purchase, and presents it to the seller on your behalf.
Since new legislation came into force, all real estate brokers wishing to represent buyers are now required to sign a contrat de courtage d’achat (CCA).
This commitment is of crucial importance, as it opens the door to the expertise and professional services offered by your real estate broker. By opting for this formality, you also avoid any risk of conflict of interest.
Always get the best possible representation!
Your broker will explore all options: from homes listed by other brokers via Centris, to those sold directly by owners on DuProprio, Publi-Maison, and LesPAC, to properties from finance takeovers or estates. This way, you’re sure not to miss any opportunities that might be of interest to you.
it’s important to remember that a real estate broker in Quebec has never had the right to represent both parties in a transaction.
Reference: Latest amendments to the REBA
Étiez-vous informé qu’un courtier immobilier dédié aux acheteurs peut vous guider lors de la visite de toutes les propriétés qui pourraient susciter votre intérêt ?
Pierre Boutin, courtier immobilier au service des acheteurs!
Agissant à son compte! (Résidentiel et Commercial)
Pour une rencontre virtuelle sans frais, accédez à mon calendrier de réservation ci-dessous
