Frequently Asked Question - Fournier Dallava

Frequently Asked Question

BUYERSSELLERS

1. What are the first steps to follow to sell my property in Montreal?

The first step is to understand the real estate market in your neighborhood. Start by getting an appraisal of your property. A real estate broker can provide an evaluation based on recently sold comparable properties, giving you a realistic idea of the sale price. You will also need to gather essential documents such as the deed of sale, the certificate of location, and municipal and school tax statements. It’s recommended to consider small repairs or renovations that could improve the property’s appeal.

2. What are the benefits of working with a real estate broker?

Hiring a real estate broker can simplify the sale process. They know local trends, handle advertising, negotiate offers, and guide you through legal and financial aspects. Additionally, brokers have access to exclusive platforms like Centris, which can increase the visibility of your property. They also ensure that all legal steps are respected, reducing the risk of errors that could complicate the sale.

3. What are the fees and costs associated with selling a property?

Selling costs include brokerage fees (typically between 3% and 5% of the sale price), notary fees for preparing legal documents, and fees associated with paying off your mortgage, which may include early repayment penalties. Additionally, you may need to pay for a new certificate of location if yours is outdated or if significant modifications, such as an extension or new fence, have been made to the property.

4. How do I determine the sale price of my property?

Setting the right price is crucial to attract potential buyers. A price that’s too high may discourage buyers, while a price that’s too low could mean losing money. A real estate broker uses a Comparative Market Analysis (CMA), based on recent sales of similar properties in your area. You can also consult a certified appraiser for a more precise and official estimate. Additionally, consider current market trends, the condition of your home, its location, and nearby services.

5. What is the best time to sell my property in Montreal?

The real estate market in Montreal follows seasonal cycles. Spring and summer are traditionally the most favorable times to sell a property, as buyers are more active and the weather facilitates visits. However, fall can also be a good time for those looking to settle before winter. Nevertheless, the Montreal real estate market is dynamic, and successful sales can also occur in winter, especially if inventory is limited.

6. What is a certificate of location and why is it necessary?

The certificate of location is a legal document that represents the current state of your property in relation to municipal regulations, property titles, and possible encroachments. It is required by the notary at the time of sale. It describes the structures on the land (such as buildings or fences), as well as existing easements or rights of way. If significant changes, like a pool or garage, have been added, a new certificate will be required.

7. How long does it take to sell a property in Montreal?

The time it takes to sell a property varies depending on several factors, such as market demand, sale price, location, and property condition. On average, a property can stay on the market between 30 and 90 days before receiving a serious offer. However, in a seller’s market (where demand is higher than supply), a property can sell in just days or weeks. Once an offer is accepted, it usually takes an additional 30 to 60 days to finalize the transaction with the notary.

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8. Should I make renovations before selling?

It is not always necessary to make major renovations, but a few improvements can help attract buyers. Small repairs (such as painting, fixing cracks or leaks, and exterior maintenance) can improve the first impression. More significant renovations, like updating the kitchen or bathrooms, may increase your home’s value, but they should be weighed against the return on investment they offer. Sometimes, simple home staging is enough to make the property more appealing.

9. What documents should I provide to the potential buyer?
The main documents to provide include:

  • Certificate of location: To describe the current state of the property.
  • Deed of sale: To prove that you are the legitimate owner.
  • Municipal and school tax statements: To inform the buyer of recurring costs.
  • Utility bills: To show energy and other service costs.
  • Proof of recent renovations: Provide details of the work done on the property, such as renovation invoices or appliance warranties.
  • Mortgage information: If you still have a mortgage, you will need to provide relevant information about the remaining amount.

10. What is a purchase offer?

A purchase offer is a written document by which the buyer proposes to buy your property under certain conditions. It includes the offered price, the desired possession date, and conditions (such as mortgage financing or inspection). You can accept the purchase offer as is, reject it, or make a counter-offer. If the conditions are accepted by both parties, it becomes a legally binding sales contract. The notary will then ensure that the documents comply to finalize the transaction.

11. Do I have to pay taxes on the sale of my house?

If the property sold is your primary residence, you are generally exempt from capital gains tax. This means you don’t have to pay taxes on the difference between the purchase price and the selling price. However, if you sell a secondary residence or a rental property, you may have to pay capital gains tax on 50% of the profit made from the sale.

12. How can I prepare my house for viewings?
Preparing your house for viewings can significantly influence potential buyers’ impressions. Here are some tips:

  • Deep cleaning: Ensure the house is spotless, from the entrance to the bedrooms.
  • Decluttering: Put away personal items and excessive decorations to allow buyers to envision themselves in the space.
  • Exterior improvement: Curb appeal is crucial. Ensure the garden is well-maintained, and the facade is clean and welcoming.
  • Staging: If possible, hire a professional for home staging. This can increase the perceived value of your home and attract more buyers.

13. Can I sell a property with an existing mortgage?

Yes, you can sell a property with an existing mortgage. When the sale is completed, the proceeds will be used to pay off the existing mortgage. If your mortgage contract includes penalties for early repayment, you will need to pay them, though in some cases, they can be negotiated with the bank.

14. How has COVID-19 affected the real estate market in Montreal?

The pandemic has significantly impacted the Montreal real estate market, causing both an increase in demand and a limited inventory. Many people have sought to move to larger homes or leave the city for more rural areas, putting upward pressure on prices. Trends have evolved over time, and demand can still be influenced by the health situation. It is essential to stay informed about the post-COVID market to prepare for your sale effectively.

15. What are the benefits of investing in marketing to sell my property?

Good real estate marketing can accelerate the sale of your property and attract more potential buyers. Professional photos, virtual tours, and well-written listings are essential to capturing buyers’ attention online. Additionally, a targeted marketing strategy on platforms like Centris, Realtor.ca, social media, and other related channels can be effective.

16. How does negotiation work when selling a property?

Negotiation is a key step in the selling process. Once a buyer submits a purchase offer, you have three options: accept the offer, make a counter-offer, or reject it. In a counter-offer, you can change the proposed price, possession date, or other conditions. A real estate agent can play an important role in this phase, advising on appropriate counter-offers and negotiating to achieve the best possible terms while maintaining constructive dialogue with the buyer.

17. How does multiple-offer selling work?

A “multiple-offer” situation occurs when several buyers are interested in your property and submit purchase offers. This often happens in markets where demand exceeds supply. You can choose the most advantageous offer, not only based on price but also on conditions (financing, possession date, inspections). A real estate agent can help you navigate this situation to maximize your profits. In some cases, a bidding war may occur, which could lead to a sale at a higher price than initially asked.

18. What is a pre-sale inspection, and is it recommended?

A pre-sale inspection is an inspection performed by a professional before you list the property for sale. Although it is not mandatory, it can help identify potential issues before the buyer conducts their inspection. This allows you to fix minor issues or be transparent about potential problems, which can strengthen buyer confidence and speed up the sale process. A pre-sale inspection can also help avoid unpleasant surprises during negotiations.

19. What are the seller’s legal disclosure obligations?

As a seller, you have a legal obligation to disclose all pertinent information regarding the property’s condition, especially if it could affect the buying decision. This includes structural issues, hidden defects, major renovations, or previous damages (such as a fire or flood). Failing to disclose can lead to legal action after the sale if the buyer discovers major issues that were not revealed. It is recommended to complete a seller’s declaration form detailing key information about the property.

20. What are hidden defects, and how do they affect the sale?

A hidden defect is a serious flaw that was not apparent at the time of purchase and that limits the property’s use or increases its costs. If the buyer discovers a hidden defect after the sale, they may take legal action against the seller to obtain compensation or even cancel the sale. As a seller, you must disclose any known defects, even if you believe they won’t affect the buyer. A pre-sale inspection can reduce this risk, but it’s also possible to obtain hidden defect insurance to protect both parties.

21. Do I have to pay a welcome tax as a seller?

No, the welcome tax, also known as the property transfer tax, is paid by the buyer upon acquiring the property. As a seller, you don’t have to worry about it. However, as a buyer of a new property (if you sell to buy elsewhere), you will be subject to this tax.

22. What is a financing condition in a purchase offer?

A financing condition in a purchase offer means that the offer is subject to the approval of a mortgage by the buyer. If the buyer does not obtain the necessary financing within a specified period, the sale can be canceled without penalty. This protects the buyer in case of loan refusal. As a seller, you will need to wait until this condition is lifted before considering the sale as final. It is advisable to ask the buyer for a mortgage pre-approval letter to reduce the risk of financing refusal.

23. What types of guarantees can the buyer request in a purchase offer?

Buyers may include several types of guarantees in their purchase offer, such as:

  • Inspection condition: The buyer wants the transaction to be conditional on a satisfactory inspection.
  • Condition to sell their own house: If the buyer needs to sell a property before purchasing yours, they may include such a condition.
  • Financing condition: As explained previously, it ensures that the buyer will obtain a mortgage.
    You can negotiate or refuse these conditions depending on your level of flexibility and the market.

24. How can I ensure my price is competitive in the current market?

A competitive price depends on several factors: location, property condition, market demand, and recent sales in your area. A Comparative Market Analysis (CMA) performed by a real estate broker will provide accurate information. You can also check online listings for similar properties in your neighborhood, but remember that the listing price isn’t always the final sale price. Generally, if a property sits on the market for a long time without offers, it may indicate an overestimated price.

25. What are the impacts of a quick sale on the sale price?

A quick sale can indicate high demand or a competitive price. However, in some situations, selling too quickly may mean you haven’t maximized the property’s value. In a high-demand market, you might receive offers above the asking price by giving buyers enough time to visit and make competing offers. If you’re in a hurry to sell, it’s essential to weigh the benefits of a quick sale against selling at the best price.

26. Can I cancel the sale once the purchase offer is signed?

As a seller, once you’ve accepted a purchase offer and all conditions are met, you’re contractually obligated to sell the property to the buyer. Canceling the sale without a valid reason could result in a lawsuit for breach of contract. Therefore, it’s crucial to carefully assess the purchase offer before accepting it and ensure you’re ready to sell under the agreed conditions.

27. What are the options if the property doesn’t sell?

If your property doesn’t sell after several months, you may need to reevaluate certain aspects of the sale:

  • Review the price: Your price might be too high for the market.
  • Improve presentation: Consider minor renovations or home staging to attract more buyers.
  • Assess marketing strategy: The property may not be adequately advertised on the right platforms, or the photos and description might need improvement.
  • Reevaluate timing: If selling outside popular periods (like winter), waiting for a better season might be beneficial.

28. How does location impact the sale price?

Location is one of the most crucial factors determining the sale price of a property. Properties in popular neighborhoods, close to services (schools, public transport, shopping centers), or in developing areas generally sell at higher prices. Factors such as neighborhood safety, proximity to parks, and infrastructure quality also play a significant role. If you’re in a less sought-after area, property improvements can partially offset this disadvantage.

29. What are the current real estate market trends in Montreal?

The real estate market in Montreal is dynamic and can fluctuate based on factors such as economic growth, interest rates, and demand for urban or suburban areas. For instance, in recent years, demand for suburban properties and homes with outdoor space has increased due to the impacts of the pandemic. It’s essential to stay informed on post-COVID market trends to prepare for your sale effectively.

 


 

SELLERS

1. What are the first steps to selling my property in Montreal?

The first step is to understand the real estate market in your area. Start by getting an appraisal of your property. A real estate broker can provide you with an evaluation based on recently sold comparable properties, giving you a realistic idea of the sale price. You will also need to gather essential documents, such as the deed of sale, location certificate, and municipal and school tax statements. It’s recommended to consider minor repairs or renovations that could enhance the property’s appeal.

2. What are the benefits of working with a real estate broker?

Hiring a real estate broker can simplify the selling process. They know local trends, handle advertising, negotiate offers, and guide you through the legal and financial aspects. Brokers also have access to exclusive platforms like Centris, increasing the visibility of your property. They ensure that all legal steps are followed, reducing the risk of errors that could lead to complications during the sale.

3. What fees and costs are associated with selling a property?

The costs associated with selling include brokerage fees (usually between 3% and 5% of the sale price), notary fees for preparing legal documents, and costs related to repaying your mortgage, which may include early repayment penalties. Additionally, fees for obtaining a new location certificate may be necessary if yours is outdated or significant modifications were made to the property (such as an extension or a new fence).

4. How do I determine the sale price of my property?

Setting the right price is essential to attract potential buyers. An overly high price may discourage buyers, while a low price could cause you to lose money. A real estate broker uses a comparative market analysis (CMA), which is based on recent sales of similar properties in your area. You can also consult a certified appraiser for a more precise and official estimate. Additionally, consider current real estate market trends, the condition of your home, its location, and nearby services.

5. What is the best time to sell my property in Montreal?

The real estate market in Montreal follows seasonal cycles. Spring and summer are traditionally the most favorable times to sell a property, as buyers are more active, and weather conditions make showings easier. However, fall can also be a good time for those looking to move before winter. That said, Montreal’s real estate market is dynamic, and successful sales can also occur in winter, especially if the inventory is limited.

6. What is a location certificate, and why is it necessary?

The location certificate is a legal document representing the current state of your property in relation to municipal regulations, property titles, and any possible encroachments. It is required by the notary at the time of sale. It describes the structures on the land (such as buildings or fences) as well as any easements or rights of way. If significant changes have been made to the property (like a pool or garage addition), a new certificate must be produced.

7. How long does it take to sell a property in Montreal?

The time it takes to sell a property varies based on several factors, such as market demand, sale price, location, and property condition. On average, a property can stay on the market between 30 and 90 days before receiving a serious offer. However, in a seller’s market (where demand exceeds supply), a property may sell within days or weeks. Once an offer is accepted, it usually takes another 30 to 60 days to finalize the transaction with the notary.

8. Should I make renovations before selling?

Major renovations aren’t always necessary, but a few improvements can help attract buyers. Small repairs (like painting, fixing cracks or leaks, and maintaining the exterior) can improve first impressions. More significant renovations, like updating the kitchen or bathrooms, can increase your home’s value but should be weighed against the return on investment. Sometimes, simple staging is enough to make the property more appealing.

9. What documents should I provide to potential buyers?

The main documents to provide include:

  • Location Certificate: Describes the current state of the property.
  • Deed of Sale: Proves you are the legitimate owner.
  • Municipal and School Tax Statements: Informs the buyer of recurring costs.
  • Utility Bills: Shows the costs of energy and other services.
  • Proof of Recent Renovations: Provides details on any work done on the property, like renovation receipts or warranties on appliances.
  • Mortgage Information: If you still have a mortgage, provide relevant information on the remaining amount.

10. What is a promise to purchase?

A promise to purchase is a written document in which the buyer proposes to buy your property under certain conditions. It includes the offered price, desired possession date, and conditions (e.g., mortgage financing or inspection). You can accept the offer as is, reject it, or make a counter-offer. If both parties agree on the terms, it becomes a legally binding sales contract. The notary will then ensure document compliance to finalize the transaction.

11. Do I have to pay taxes on the sale of my house?

If the property sold is your primary residence, you are generally exempt from capital gains tax. This means you don’t have to pay taxes on the difference between the purchase price and sale price. However, if you sell a secondary residence or rental property, you may have to pay capital gains tax on 50% of the profit from the sale.

12. How can I prepare my home for showings?

Preparing your home for showings can significantly influence potential buyers’ impressions. Here are some tips:

  • Deep Cleaning: Ensure the house is spotless, from the entrance to the bedrooms.
  • Decluttering: Store personal items and excessive decorations to allow buyers to envision the space.
  • Exterior Improvement: Curb appeal is essential. Ensure the yard is maintained, and the facade is clean and inviting.
  • Staging: If possible, hire a professional for home staging. This can increase the perceived value of your home and attract more buyers.

13. Can I sell a property with an existing mortgage?

Yes, you can sell a property with an existing mortgage. When the sale is finalized, the proceeds will go towards repaying the outstanding mortgage. If your mortgage contract includes early repayment penalties, you may need to pay them, though in some cases, they can be negotiated with the bank.

14. How has COVID-19 affected the real estate market in Montreal?

The pandemic significantly impacted the Montreal real estate market, causing both an increase in demand and a limited inventory. Many people sought to move to more spacious homes or leave the city for more rural areas, creating upward pressure on prices. Trends have evolved, and demand can still be influenced by the health situation. Staying informed about the post-COVID market evolution is essential to prepare for your sale.

15. What are the advantages of investing in marketing to sell my property?

Good real estate marketing can speed up the sale of your property and attract more potential buyers. Professional photos, virtual tours, and well-written listings are essential for capturing buyers’ attention online. Additionally, a targeted marketing strategy on platforms like Centris, Realtor.ca, and social media can enhance exposure.

16. How does negotiation work when selling a property?

Negotiation is a key step in the selling process. Once a buyer submits a promise to purchase, you have three options: accept the offer, make a counter-offer, or reject it. In a counter-offer, you can modify the offered price, possession date, or other conditions. A real estate broker can play an important role in this phase, advising you on appropriate counter-offers and negotiating to secure the best possible conditions while maintaining a constructive dialogue with the buyer.

17. How does a multiple-offer situation work?

A multiple-offer situation occurs when several buyers are interested in your property and submit offers. This often happens in markets where supply is lower than demand. You can choose the most advantageous offer, not only based on price but also on conditions (financing, possession date, inspections). A real estate broker can help you navigate this situation to maximize your benefits. In some cases, a bidding war may occur, potentially leading to a sale at a higher price than initially asked.

18. What is a pre-sale inspection, and is it recommended?

A pre-sale inspection is an inspection conducted by a professional before you put the property up for sale. While not mandatory, it can help identify potential issues before the buyer conducts their own inspection. This gives you a chance to address minor defects or be transparent about potential issues, which can build buyer trust and speed up the sale process. A pre-sale inspection can also prevent surprises during negotiations.

19. What are a seller’s legal obligations regarding disclosure?

As a seller, you have a legal obligation to disclose any relevant information regarding the property’s condition, especially if it could affect the buyer’s decision. This includes structural problems, hidden defects, major renovations, or past incidents (like fire or flooding). Failure to disclose can lead to legal action after the sale if the buyer discovers significant issues that were not revealed. Filling out a seller’s disclosure form detailing key property information is recommended.

20. What are hidden defects, and how do they affect the sale?

A hidden defect is a serious flaw that was not visible at the time of purchase and decreases the property’s usability or increases its costs. If the buyer discovers a hidden defect after the sale, they may take legal action against the seller for compensation or even cancel the sale. As a seller, you must disclose any known defects, even if you believe they won’t impact the buyer. A pre-sale inspection can reduce this risk, but it is also possible to take out insurance against hidden defects to protect both parties.

21. Do I have to pay a welcome tax as a seller?

No, the welcome tax, also known as the land transfer tax, is paid by the buyer when acquiring the property. As a seller, you don’t need to worry about it. However, as a buyer of a new property (if selling to buy elsewhere), you will be subject to this tax.

22. What is a financing condition in a promise to purchase?

A financing condition in a promise to purchase means the offer is subject to the buyer obtaining mortgage approval. If the buyer cannot secure the necessary financing within a set time, the sale may be canceled without penalty. This protects the buyer in case of loan refusal. As a seller, you will need to wait for this condition to be waived before considering the sale final. It’s advisable to ask the buyer for a mortgage pre-approval letter to limit the risk of financing denial.

23. What types of guarantees can a buyer request in a promise to purchase?

Buyers can include various guarantees in their promise to purchase, such as:

  • Inspection Condition: The buyer wants the transaction to be conditional on a satisfactory inspection.
  • Condition to Sell Their Own Home: If the buyer must sell a property before they can buy yours, they may include such a condition.
  • Financing Condition: As previously explained, this ensures the buyer obtains a mortgage.
    You can negotiate or reject these conditions depending on your flexibility and the market.

24. How do I know if my price is competitive in the current market?

A competitive price depends on several factors: location, property condition, market demand, and recent sales in your area. A comparative market analysis (CMA) by a real estate broker provides precise information. You can also look at online listings for similar properties in your neighborhood, but remember that the listed price isn’t always the selling price. Generally, a property that remains on the market without receiving offers may indicate an overestimated price.

25. What are the impacts of a quick sale on the sale price?

A quick sale can indicate high demand or a competitive price. However, in some situations, selling too quickly could mean you haven’t maximized your property’s value. If selling in a high-demand market, you could receive offers above the asking price by giving enough time for potential buyers to visit and make competing offers. If you’re in a hurry to sell, it’s important to weigh the benefits of a quick sale against the best price.

26. Can I cancel the sale after signing the promise to purchase?

As a seller, once you’ve accepted a promise to purchase and all conditions have been waived, you are contractually obligated to sell the property to the buyer. Canceling the sale without valid reason could result in legal action from the buyer for breach of contract. Therefore, it’s crucial to thoroughly assess the promise to purchase before accepting and ensure you’re ready to sell under the agreed terms.

27. What are the options if the property doesn’t sell?

If your property doesn’t sell after several months, it may be necessary to re-evaluate certain aspects of the listing:
• Re-evaluate the price: Your price may be too high relative to the market.
• Improve the presentation: Consider minor renovations or home staging to attract more buyers.
• Assess the marketing strategy: The property may not be adequately promoted on the right platforms, or the photos and description may not be optimal.
• Reassess timing: If selling outside peak periods (like winter), it might be wise to wait for a more favorable time.

28. How does location affect the sale price?

Location is one of the most critical factors for the sale price of a property. Properties in popular neighborhoods, close to amenities (schools, public transport, shopping centers), or in high-growth areas typically sell at higher prices. Aspects like neighborhood safety, proximity to parks, and infrastructure quality also play an essential role. If you’re in a less desirable area, property improvements can partially offset this disadvantage.

29. What are the current real estate market trends in Montreal?

Montreal’s real estate market is dynamic and can fluctuate based on factors like economic growth, interest rates, and demand for certain urban or suburban areas. For example, in recent years, demand for suburban properties and homes with outdoor space has increased due to the pandemic’s impact. It’s crucial to stay updated on local trends and work with a real estate broker who knows the current market well to get the best information for selling your property.