Certification evaluation - OACIQ you will give your client at each stage of ... Among all the...

© Organisme d’autoréglementation du courtage immobilier du Québec, December 2012 - All rights reserved.

Certification evaluation Residential real estate brokerage

Example of answers – Scenario 1

IMPORTANT The following is simply an example of a compleTed residenTial real esTaTe brokerage exam showing all skills masTered. several soluTions and approaches may be valid for any given elemenT.


Answer Sheet

ELEMENT ANSWERED

Enter the letter of element answered here B

Instructions: You must indicate the element of the scenario you are answering in the right-hand box above. In addition to answering the questions indicated in each element of the scenario, you must write on these sheets all ADVICE AND EXPLANATIONS you will give your client at each stage of transaction. Where applicable, enter any required CALCULATIONS, and explain your PROCESS in detail.

Answer

- I strongly recommend that my client and I complete the “Declarations by the seller of the immovable” form

(DS00010). I will annex this form to clause 12.1 of the BCD00018.

- Without delay, after the signing of the contract, I send all information to my “Mirador” Multiple Listing

Service and plan the photo session of condo rooms.

- Without delay, I give the seller a copy of the document containing information used to describe the

immovable, which is subject of the Brokerage contract.

- I compose and distribute my ad on the “Mirador for sale” website.

- I then ask Mr. Tremblay to take the necessary steps with the syndicate of co-owners for permission to install a

“For Sale” sign on the site, as specified in the co-ownership declaration.

- I also complete the recommended form DRCOP00001 so Mr. Tremblay can have it completed by the syndicate of

co-owners and get all other documents or information related to the immovable.

Page 1 of 3


Answer Sheet

ELEMENT ANSWERED

Enter the letter of element answered here C


Answer

As provided in clause 4.8 of the Brokerage contract, I inform Mr. Tremblay that there will be no adjustment

of any fund of the co-ownership. Therefore, he is not entitled to ask for a refund of his contribution to the

contingency fund.

The share of Mr. Tremblay for the work made to the entrance hall is $3,400 for one year, i.e. $17,000 divided by 5

(each co-owner holds equal shares - 20% x 5).

$3,400 ÷ 12 = $283.33 / month

Obviously, this work must be disclosed to any prospective buyer and it is possible that the latter considers the

residual amounts to be paid in his purchase price.

Page 2 of 3


Answer SheetELEMENT ANSWERED

Enter the letter of element answered here D


Answer

- I advise my client to wait for a follow-up concerning the visit of 1:00 P.M. (client of Mr. Walter Limoges) before

making a Counter- proposal to Jean Bourassa (client of Mr. Robert Lavoie) since his offer is valid until March

29 at 9:00 P.M. and it’s March 27 at 3:00 P.M. I must protect my client’s interests by getting the best price

for his property.

In fact, the offer of Mr. Jean Bourassa is $25,000 less than the asking price and it is conditional upon the sale of

his property.

However, if the visit of Mr. Walter Limoges’s client is not conclusive (there have been many visits but with no

results), a counter-proposal can be made to Mr. Jean Bourassa to increase the purchase price in clause 4.1, shorten

the sale time frame of his property in clause R2.1, and bring closer the deadlines of the deed of sale in clause 11.1

and of taking possession in clause 11.2 in accordance with the seller’s requirements (see BCD).

Confirm that the buyer has read the Declaration by the seller of the immovable (DS) form and acknowledged its

receipt.

Page 3 of 3


Answer sheet – comparables ELEMENT ANSWERED

Enter the letter of element answered A

Instructions: You must indicate the element of the scenario you are answering in the box above. Complete the chart below using the information provided in the scenario. Then, enter your adjustments in the “Adjustments” columns, for ALL COMPARABLES. Using this information, determine the suggested asking price and explain your rationale.

8546 Louis St., apt. 302

Comparable1 Adjustments Comparable 2 Adjustments Comparable 3 Adjustments

Asking price $388,500 ----------- $386,500 ----------- $375,000 -----------

Selling price $370,000 ----------- $375,000 ----------- $350,000 -----------

Number of days 156 ----------- 65 ----------- 160 -----------

Date of sale 01-02-50 ----------- 10-01-50 ----------- 27-01-50 -----------

City ----------- Mirador ----------- Mirador ----------- Mirador -----------

Area ----------- Vieux-Mirador ----------- Vieux-Mirador ----------- Vieux-Mirador -----------

Property type ----------- Apartment ----------- Apartment ----------- Apartment -----------

Building type ----------- Rowhouse ----------- Rowhouse ----------- Rowhouse -----------

Living area 85.2 square meters 87 square meters -$5,292 86.1 square meters -$2,646 81.79 square meters +$10,025.40

Municipal evaluation $322,000 $337,000 ----------- $342,000 ----------- $320,000 -----------

Number of rooms 5 5 ----------- 6 -$6,000 5 -----------

Page 1 of 3




Instructions: You must indicate the element of the scenario you are answering in the box above. Complete the chart below using the information provided in the scenario. Then, enter your adjustments in the “Adjustments” columns, for ALL COMPARABLES. Using this information, determine the suggested asking price and explain your rationale.

8546 Louis St., apt. 302

Comparable1 Adjustments Comparable 2 Adjustments Comparable 3 Adjustments

High-end bathroom High end No +$5,000 Yes -------- No +$5,000

Wooden floors Yes No +$2,000 Yes -------- No +$2,000

Heat pump No Yes -$3,000 Yes -$3,000 No --------

Indoor garage No Yes -$5,000 Yes -$5,000 No --------

Outdoor parking space 1 1 -------- 2 -$5,000 2 -$5,000

Total of adjustments -$6,292 -$21,646 +$12,025.40

Adjusted value $363,708 $353,354 $362,025.40

Value by comparison method: $359,659.80

363,708 + 353,354 + 362,025.40 = 1,079,087.40 = 359,695.80 3

Page 2 of 3




Suggested asking price: $370,500

Rationale for suggested asking price:

Considering that the client is in a hurry to sell because of his new professional obligations, I will recommend a negotiating range of about 3%. Therefore, I recommend a listing price rounded to $370,500

($359,695.80 x 1.03 = $370,486.67).

Page 3 of 3


Answer sheet – Documents to be remitted to your agency

Instructions: Among all the documents in this certification evaluation, as a seller’s broker with a Brokerage contract and a Promise to purchase on hand, check those that should be remitted to your agency, as soon as possible.

List of documents Check

Procedure

Scenario

Agenda

Calendar

Personal notes

Balance of mortgage loan

Index of immovables

Declaration of co-ownership

Financial report

Minute of the Annual General Meeting held on June 15, 2049

Certificate of location

Municipal taxes

School taxes

Table of contributory values

Promise to purchase – Divided co-ownership (PPD00082)

Annex R – Residential immovable (AR00088)

Deposit cheque

Answer sheet

Answer sheet – Comparable

Answer sheet – Documents to be remitted to your agency

X

X

X

X

X

X

X

X

X

X

X

Page 1 of 2


List of documents Check

Exclusive brokerage contract – Divided co-ownership (BCD00018)

Declarations by the seller of the immovable (DS00010)

Amendments (AM00046)

Amendments (AM00047)

Annex G - General (AG00027)

Notice of disclosure

Counter-proposal to a Promise to purchase (CP00088)

X

X

Page 2 of 2


MANDATORY FORMEXCLUSIVE BROKERAGE CONTRACT – DIVIDED CO-OWNERSHIP

FRACTION OF A CHIEFLY RESIDENTIAL IMMOVABLE HELD IN DIVIDED CO-OWNERSHIP

1/8The OACIQ publishes forms as part of its public protection mission.© Organisme d’autoréglementation du courtage immobilier du Québec, 2010. No reproduction without written permission. For information: Info OACIQ | Tel.: 450 462-9800 or 1 800 440-7170 | Fax: 450 676-7801 | [email protected] | www.oaciq.com

NOTE – This form is be used when a brokerage contract is signed with a natural person.

NAME OF AGENCY OR BROKER

LICENCE NUMBERLICENCE NUMBER

REPRESENTED BY

NAME OF BUSINESS CORPORATION

REPRESENTED BY

NAME OF BUSINESS CORPORATION

YEAR YEARMONTH MONTHDAY DAY

ADDRESS OF ESTABLISHMENT, TELEPHONE NUMBER, EMAIL ADDRESS OF ESTABLISHMENT, TELEPHONE NUMBER, EMAIL

1. IDENTIFICATION OF THE PARTIES

real estate agency real estate broker acting on his own account real estate agency real estate broker acting on his own account

carrying on activities within the following business corporation: carrying on activities within the following business corporation:

(hereinafter called “the AGENCY” or “the BROKER”).

NAME, ADDRESS, TELEPHONE NUMBER AND EMAIL OF SELLER 1 AND REPRESENTATIVE, IF APPLICABLE NAME, ADDRESS, TELEPHONE NUMBER AND EMAIL OF SELLER 2 AND REPRESENTATIVE, IF APPLICABLE

(hereinafter called “the SELLER”).

1.1 The identity of the SELLER was verifi ed using the following document, for: SELLER 1 or his REPRESENTATIVE SELLER 2 or his REPRESENTATIVE

Driver’s licence Medicare card Driver’s licence Medicare card Permanent Resident Card Passport Permanent Resident Card Passport Canadian citizenship card Birth certifi cate from civil registry Canadian citizenship card Birth certifi cate from civil registry

Date of birth: Date of birth:

Profession or principal activity: Profession or principal activity:

1.2 If the SELLER is represented, indicate:

Nature of relationship between SELLER 1 and his representative: Nature of relationship between SELLER 2 and his representative:

REFERENCE NUMBER REFERENCE NUMBER

PLACE OF ISSUANCE EXPIRY EXPIRYPLACE OF ISSUANCE

NAME OF AGENCY OR BROKER

RELATIONSHIP TO SELLER (E.G. MANDATARY, LIQUIDATOR OF A SUCCESSION OR BUSINESS CORPORATION) RELATIONSHIP TO SELLER (E.G. MANDATARY, LIQUIDATOR OF A SUCCESSION OR BUSINESS CORPORATION)

BCD

1000

A (V

15 0

3/20

12)

Les maisons de la ville

x2475 Jarry St., Mirador

(Québec) J2L 4G9 514 889-5564 your email

X 1 2 3 4

Mr. Philippe Tremblay

8546 Louise St., Apt. 302 Mirador, Québec, J7L 4X5

438 [email protected]

x

TREP 20101016

Québec 10-2052

2 0 2 0 1 0 1 0

Artistic Director

00018

Your signature

-----------------------------

Page 1 of 8


2/8

For SELLER 1, indicate: For SELLER 2, indicate:

Name: Name:

Date of birth: Date of birth:

Profession or principal activity: Profession or principal activity:

2. OBJECT AND TERM OF CONTRACT

2.1 The SELLER retains the exclusive services of the AGENCY or the BROKER to market the IMMOVABLE and obtain an agreement for the sale of the

immovable hereinafter as described. This contract expires at 11:59 p.m. on .

Failing a stipulation as to the date of expiry, this contract shall expire 30 days after its making.

Unless otherwise stipulated in clause 11.1, this contract can be terminated.

3. SUMMARY DESCRIPTION OF THE IMMOVABLE

3.1 The immovable held in divided co-ownership is designated as follows:

NUMBER STREET APARTMENT CITY PROVINCE POSTAL CODE

CADASTRAL DESCRIPTION OF PRIVATE PORTIONS OF PARKING SPACE OF STORAGE SPACE

DIMENSIONS OF PRIVATE PORTIONS AREA OF PRIVATE PORTION AS PER CADASTRAL PLAN

and all related rights in common portions:

;SHARE OF COMMON PORTIONS CADASTRAL DESCRIPTION OF COMMON PORTIONS

the immovable held in divided co-ownership includes:

parking space(s) number(s) private portion common portion for restricted use

other: indoor outdoor

storage space(s) number(s) private portion common portion for restricted use

other: indoor outdoor

(hereinafter called “the IMMOVABLE”).

4. PRICE AND TERMS OF SALE (PLUS TAXES, IF APPLICABLE)

4.1 The asking sale price is: dollars

($ ).

4.2 The IMMOVABLE is not subject OR is subject to the Goods and Services tax and Québec Sales tax. Consequently, any tax that may be imposed as a result of the sale and to be collected by the SELLER under applicable tax laws shall, upon the signing of the deed of sale, be remitted by the buyer to the SELLER for this purpose.

The SELLER shall inform the AGENCY or the BROKER without delay of the proportion in which the IMMOVABLE is subject to the Goods and Services tax and Québec Sales tax.

4.3 Existing loans:

The costs relating to the repayment of this loan and to the cancellation of any hypothec shall be borne by the SELLER.

The costs relating to repayment include any penalty payable for early repayment.

The OACIQ publishes forms as part of its public protection mission.© Organisme d’autoréglementation du courtage immobilier du Québec, 2010. No reproduction without written permission. For information: Info OACIQ | Tel.: 450 462-9800 or 1 800 440-7170 | Fax: 450 676-7801 | [email protected] | www.oaciq.com

DATE

m2 ft2 m ft

YEAR YEARMONTH MONTHDAY DAY

BCD

1000

A (V

15 0

3/20

12)

September 1, 2050

8546 Louis St. 302 Mirador Québec J7L 4X5

--------------------------------

1 987 111 Cadastre of Québec 1 987 109

x

20% 1 987 109 and 1 987 110

85.2

x1 5

---- --------

Three hundred and seventy thousand, five hundred

370,500

Mortgage at the Breeze Bank

x

00018

-----------------------------

-----------------------------

-----------------------------

x

Page 2 of 8



4.4 INCLUSIONS – Included in the sale are the following items:

which are sold without legal warranty of quality, at the own buyer’s risk, but must be in working order at the time of delivery of the IMMOVABLE.

4.5 EXCLUSIONS – Excluded from the sale are the following items:

4.6 Service and leasing contracts on appliances and equipment to be assumed by the buyer:

4.7 Items covered by an instalment sales contract trial sales contract with right of redemption, sale contract with resolutory clause, or leasing contract, and obligations of the SELLER to be assumed by the buyer:

4.8 There will be no adjustment relating to the contingency fund or other co-ownership fund. There will be adjustments relating to common expenses payable monthly or periodically.

5. SIGNING OF THE DEED OF SALE AND OCCUPANCY

5.1 Date or time frame for the signing of the deed of sale:

5.2 Date or time frame for occupancy:

6. INFORMATION LISTING SERVICES

6.1 The SELLER authorizes the AGENCY or the BROKER to send the information contained in this contract and the annexes thereto, without delay and according to generally accepted practices, including interior and exterior photographs of the IMMOVABLE, to subscribers of information listing services for agencies and brokers such as MLS, Centris or any similar service listed below:

including for the purpose of marketing the IMMOVABLE and establishing comparables and statistics.

OR

The SELLER acknowledges having been informed of his right to use an information listing service and having waived his right to do so.

6.2 The AGENCY or the BROKER shall begin the marketing of the IMMOVABLE and the performance of this brokerage contract only once the IMMOVABLE is listed on these services, unless written instructions to the contrary are given by the SELLER.

BCD

1000

A (V

15 0

3/20

12)

CleanPro central vacuum and its accessories (Model Aspire, serial number ASPC123)

-----------------------------

-------------------------

------------------------------

40 days after the acceptance of the PP

45 days after the acceptance of the PP

The Multiple Listing Service of Mirador's Real Estate Board

00018

Page 3 of 8


4/8

7. REMUNERATION (PLUS TAXES)

7.1 The SELLER shall pay to the AGENCY or the BROKER, in the cases provided in 1˚, 2˚, 3˚ and 4˚ of this section, remuneration of:

percent ( %) of the sale price or of the price stipulated in 4.1, in the case provided in 4˚ or

for any transaction involving the SELLER’S share capital;

OR

a lump sum of: dollars

($ ) ;

1. except if no deed of sale is signed through the buyer’s fault, where an agreement concerning the sale of the IMMOVABLE is accepted during the term of this contract, whether through the AGENCY or BROKER or not, and all conditions thereof are fulfi lled, except the signing of the deed of sale; or

2. where a promise to purchase conforming to the conditions of sale provided for in this brokerage contract is submitted to the SELLER during the term of this contract and the SELLER refuses it; or

3. where a sale takes place within 180 days following the expiry date of this contract with a person who was interested in the IMMOVABLE during the term of this contract, unless, during this period, the SELLER concluded in good faith with another agency or another broker a contract stipulated to be exclusive for the sale of the immovable; or

4. where the SELLER voluntarily prevents the free performance of this contract.

7.2 Any tax that may be imposed as a result of services rendered by the AGENCY or the BROKER shall be added to the remuneration provided for in this contract and shall be paid by the SELLER to the AGENCY or the BROKER in accordance with applicable tax provisions.

7.3 The SELLER recognizes the AGENCY’s or the BROKER’s right to share its remuneration with another agency or broker collaborating in the transaction, even though such agency or broker has no link with the SELLER. The AGENCY or the BROKER shall be deemed to have assigned all or part of its claim to a collaborating agency or broker as of the date of acceptance of the agreement for the sale of the IMMOVABLE, all conditions of which having been fulfi lled, except the signing of the deed of sale.

7.4 The AGENCY or the BROKER agrees to collaborate with any other agency or broker upon request, including by sharing its remuneration, according to the following conditions, in order to ensure the successful completion of the transaction referred to in this contract.

In this regard, shared remuneration terms that are unreasonable towards other agencies or brokers could reduce their interest in proposing the IMMOVABLE or enterprise to their clients.

Consequently, in the event where an agency or broker collaborates in the transaction, the AGENCY or the BROKER undertakes to pay, from the sum due to him under this contract:

percent ( %) of the sale price;

OR

a sum of: dollars

($ ).

7.5 The AGENCY or the BROKER shall not claim remuneration from the SELLER in the following cases:

1. if the AGENCY or the BROKER acquires an interest in the IMMOVABLE, or if the broker representing the AGENCY for the purpose of this contract acquires an interest in the IMMOVABLE:

a) for himself; b) for a partnership or legal person controlled by him.

OR

2. if one of the following persons acquires the IMMOVABLE:

a) the married, civil union or de facto spouse of the BROKER or of the broker representing the AGENCY; b) a legal person or a partnership controlled by the married, civil union or de facto spouse of the BROKER or of the broker representing the AGENCY.

The OACIQ publishes forms as part of its public protection mission.© Organisme d’autoréglementation du courtage immobilier du Québec, 2010. No reproduction without written permission. For information: Info OACIQ | Tel.: 450 462-9800 or 1 800 440-7170 | Fax: 450 676-7801 | [email protected] | www.oaciq.com BCD

1000

A (V

15 0

3/20

12)

Fivex 5

x Two point five 2.5

00018

Page 4 of 8



8. DECLARATIONS AND OBLIGATIONS OF THE SELLER

8.1 The SELLER declares that:

1. he is the sole owner of the IMMOVABLE or is duly authorized to sign this contract and to accept any agreement for the sale of the IMMOVABLE;2. the IMMOVABLE is not the subject of a brokerage contract with another broker, another agency or of an agreement to sell, exchange or lease it, or of

a pre-emptive right in favour of a third party;3. he is a Canadian resident within the meaning of the Income Tax Act and the Taxation Act and does not intend to change this residence, otherwise the

tax provisions concerning the issuance of a certifi cate or the withholding of a portion of the sale price shall be applied.

8.2 The SELLER declares not to have received OR to have received a notice of special assessment from the syndicate of co-owners.

8.3 The SELLER declares not to have received OR to have received a notice of violation from the syndicate of co-owners that could have consequences for the BUYER.

8.4 During the term of this contract, the SELLER undertakes not to, directly or indirectly:

1. offer the IMMOVABLE for sale on his own or through a person other than the AGENCY or BROKER;

2. become party to an agreement for the sale, exchange or lease of the IMMOVABLE other than through the AGENCY or the BROKER.

8.5 The SELLER shall supply to the AGENCY or the BROKER, as soon as possible, the following documents in his possession: purchase contract and any other title of ownership, inspection report and any other expert report, tax statements and receipts, insurance documents, declaration of co-ownership and by-law of the immovable and any amendments thereto, minutes of meetings of the co-owners and of board meetings for the last years, insurance policy covering the entire co-ownership, fi nancial statements of the co-ownership, including statement of sums deposited in the contingency fund, statement of debts and claims of the co-ownership and budget forecast for the current year, list of alterations or improvements made to the IMMOVABLE, asset management plan, including planned work, certifi cate of condition of the immovable, leases and documents pertaining to the dwellings allowing the income and expenses of the IMMOVABLE to be calculated, documents pertaining to appliances and equipment, deeds of assignment of leases, staking plan, water analysis, soil analysis, environmental report, plan, movable property inventory, service and employment contracts, permit, proxy and, generally, any document concerning the IMMOVABLE, including any that may be required for adjustment purposes at the time of the sale.

Also, the SELLER gives the express mandate to the AGENCY or the BROKER to obtain from the syndicate of co-owners, on his behalf, any documentation pertaining to the IMMOVABLE that the AGENCY or the BROKER shall deem useful.

The SELLER shall keep the AGENCY or the BROKER informed of any change that comes to his attention relating to information obtained from the syndicate of co-owners.

8.6 The SELLER shall supply to the AGENCY or the BROKER, as soon as possible, all loan documents pertaining to the IMMOVABLE and the deeds of loan and hypothecary rights, including any penalty related thereto.

8.7 The SELLER shall supply to the AGENCY or the BROKER, as soon as possible, a certifi cate of location describing the current state of the entire co-ownership and including the private portion, or, failing this, a certifi cate of location pertaining to the private portion only and, if applicable, refl ecting any cadastral renovation.

8.8 If a portion of the IMMOVABLE is used as a family residence by the SELLER, or if required by his marital status, the SELLER shall remit to the AGENCY or the BROKER, upon request, either a document evidencing his spouse’s consent and, where applicable, his spouse’s concurrence, and an undertaking by the latter spouse to intervene for the same purposes in the notarial deed of sale, or a copy of a judgment authorizing the SELLER to sell the IMMOVABLE without his spouse’s consent and concurrence.

8.9 The SELLER shall keep the AGENCY or the BROKER informed of any change in his fi nancial situation or any situation that could compromise the performance of this contract, including concerning his marital status.

8.10 The SELLER, who undertakes to take all necessary steps to this effect with the syndicate of co-owners, gives the AGENCY or the BROKER the exclusive right:

1. to show the IMMOVABLE at any reasonable time, with any appointment being arranged directly with the occupant of the premises. The AGENCY or the BROKER may allow other agencies or brokers to exercise this right in whole or in part;

2. subject to the restrictions set out in 11.1 or any annex forming part of this contract, and subject to any regulation or co-ownership by-law, to use any advertising and any signage he considers appropriate. The AGENCY or the BROKER may allow other agencies or brokers to exercise that right in whole or in part.

8.11 The SELLER shall supply the prospective buyer with a valid title of ownership and with the titles in his possession.

BCD

1000

A (V

15 0

3/20

12)

x

x

5

00018

Page 5 of 8



9. OBLIGATIONS OF THE AGENCY OR THE BROKER

9.1 In accordance with generally accepted practices, the AGENCY or the BROKER undertakes:

1. to perform the object of the contract loyally, diligently and competently;

2. to submit to the SELLER, as soon as possible, any written promise to purchase received regarding the purchase, lease or exchange of the IMMOVABLE;

3. to make the usual verifi cations, including regarding the information contained in any document used to describe the IMMOVABLE;

4. to send to the SELLER without delay a copy of any document containing the information used to describe the IMMOVABLE referred to in this brokerage contract;

5. to perform any normal marketing activity;

6. not to use the word “sold” in any advertising, including advertising on a sign, unless an agreement for the sale of the IMMOVABLE has been accepted and all the conditions, except the signing of the deed of sale before a notary, have been fulfi lled. It is understood that any sign posted on the immovable shall be removed as soon as this contract expires;

7. to inform the SELLER in writing, without delay, of any interest that this AGENCY or this BROKER plans to acquire in the IMMOVABLE referred to in this contract and, before submitting a transaction proposal, to terminate this contract;

8. to inform the SELLER in writing, without delay, that he is also representing the prospective buyer of the IMMOVABLE, for remuneration, where a brokerage contract with the buyer exists;

9. to inform the SELLER in writing, without delay, any remuneration agreement that could confl ict with the interests of the SELLER;

10. to disclose to the SELLER in writing, without delay, the identity of any person or partnership owing him any remuneration in accordance with an agreement disclosed under sub-section 9, the nature of the relationship with such person or partnership, and the nature of the remuneration owed, if it is a non-monetary benefi t;

11. to use the information contained in this brokerage contract only in accordance with the terms and conditions stipulated in the contract or by law;

12. to notify the SELLER in writing, without delay, in the following cases:

a) if his licence is suspended or revoked, if he ceases his activities or if he is otherwise unable to continue to act; b) where he is acting as AGENCY, if the broker representing the AGENCY with the SELLER ceases to act for this AGENCY or if the identity of the broker representing the AGENCY with the SELLER changes; c) where he is acting as BROKER, whenever he ceases to act on his own account.

13. to honour any specifi c commitment made in 11.1.

10. CHANGE AFFECTING THE AGENCY OR THE BROKER BOUND BY A BROKERAGE CONTRACT

Clauses 10.1 and 10.2 apply to the BROKER, even if this contract is stipulated to be non-cancellable.

10.1 If the BROKER ceases to carry on brokerage activities on his own account to carry them on instead for an agency, the SELLER may elect to continue to do business with the BROKER and to be bound to the agency for which the BROKER will carry on his activities, by sending the BROKER a notice to that effect. The SELLER shall then be bound to this agency, under the same terms and conditions as those provided for in this contract, from the moment the BROKER begins to act for the agency.

Should such a notice not be sent, no later than by the day on which the BROKER begins to carry on brokerage activities for the agency, this contract shall be terminated.

10.2 This contract is deemed to be terminated when the BROKER ceases his activities or from the time his license is suspended or revoked.

Clauses 10.3 and 10.4 apply to the AGENCY, even if this contract is stipulated to be non-cancellable.

10.3 If the broker referred to in this contract as the AGENCY’s representative ceases to carry on brokerage activities for the agency to carry them on instead on his account or for another agency, the SELLER may elect to continue to do business with the broker or with the AGENCY in accordance with this contract, by sending the AGENCY a notice stating his choice, no later than the day on which the broker ceases to carry on activities for the AGENCY.

If the SELLER elects to continue to do business with the broker, this contract shall be terminated on the date on which the broker ceases to carry on activities for the AGENCY. The SELLER shall then be bound to the BROKER or other agency for which the BROKER now carries on activities, as the case may be, under the same terms and conditions as those provided for in this contract.

Should the notice required under the fi rst paragraph not be sent, this contract shall be terminated.

10.4 Except on contrary notice from the SELLER, or should the broker referred to in this contract as the AGENCY’s representative cease to carry on activities, if the AGENCY ceases to carry on its activities, this contract shall be terminated on the date on which the AGENCY ceases its activities, and the SELLER shall then be bound to the broker now carrying on activities on his account or to the agency for which the broker now carries on activities, under the same terms and conditions as those provided for in this contract.

In case of notice to the contrary or if the BROKER completely ceases his activities, this contract shall be terminated on the date on which the AGENCY ceases its activities.

BCD

1000

A (V

15 0

3/20

12)

00018

Page 6 of 8



11. OTHER DECLARATIONS AND CONDITIONS

11.1

BCD

1000

A (V

15 0

3/20

12)

8.2: Repairs to the hall and entrance door are planned and will be subject to a special contribution of $3,400 (for each unit) payable in 12 equal installments as of April 1, 2050 or in one payment of $3,400.

This contract is irrevocable. PT

00018

The immovable is located within a protected area of a historic district following the notice published on March 15, 1995, number 402 587.

Page 7 of 8



12. ANNEXES

12.1 The provisions set forth in the Annex Declarations by the seller DS - and those set forth in the Annexes identifi ed below form an integral part of this contract:

General Annex AG- Remuneration and Costs Annex RC- Other(s):

13. INTERPRETATION

13.1 Unless the context dictates otherwise, the masculine form includes the feminine and neutral forms and vice versa, and the singular includes the plural and vice versa.

13.2 This contract and the performance thereof are governed by the laws of Québec.

14. CONCILIATION, MEDIATION AND ACCOUNT ARBITRATION

14.1 In case of dispute between the AGENCY or the BROKER and the SELLER, the Organisme d’autoréglementation du courtage immobilier du Québec may act as conciliator or mediator upon request by the parties. The OACIQ may also arbitrate accounts between the AGENCY or the BROKER and the SELLER.

15. SIGNATURES

The parties have requested that this form and all related documents be drawn up in English only. Les parties aux présentes ont exigé que le présent formulaire et tous les documents qui s’y rattachent soient rédigés en anglais seulement.

Section 28 of the Real Estate Brokerage Act (R.S.Q. c. C-73-2) “28. Despite any stipulation to the contrary, the client may terminate the contract at the client’s discretion within three days after receiving a duplicate of the contract signed by the two parties, unless the client has written in its entirety and signed a waiver.

The contract is terminated by operation of law as of the sending or delivery of a written notice to the BROKER or to the AGENCY.”

The AGENCY or the BROKER acknowledges having read, understood and agreed to this contract, including any Annexes thereto, and having received a duplicate thereof.

Signed in ,

on , at : .

SIGNATURE OF AGENCY OR BROKER

Signed in ,

on , at : .

SIGNATURE OF AGENCY OR BROKER

The SELLER acknowledges having read and understood this contract, including any Annexes thereto, and having received a duplicate thereof.

Signed in ,

on , at : .

SIGNATURE OF BUYER 1 OR HIS REPRESENTATIVE

Signed in ,

on , at : .

SIGNATURE OF BUYER 2 OR HIS REPRESENTATIVE

INTERVENTION OF SELLER’S SPOUSE – The undersigned declares to be the spouse of the SELLER and to consent to and, where applicable, concur in the acceptance of this contract, including any Annexes thereto.

Signed in ,

on , at : .

SIGNATURE OF SPOUSE OF SELLER

DATE

DATE

DATE

DATE

DATE

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Mirador

March 1, 2050 8 00 P.M.

Philippe Tremblay

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Page 8 of 8


MANDATORY FORM

DECLARATIONS BY THE SELLER OF THE IMMOVABLE(LAND AND BUILDINGS, APPURTENANCES AND DEPENDENCIES)

Form developed in cooperation with the Québec Association of Building Inspectors

Given the importance of the declarations that follow, the seller must provide the information to the best of his knowledge, adding details as needed.

The seller must INCLUDE all available documents pertaining to his declarations such as any documents related to work, warranties, invoices, receipts, plans, permits, letters, reports, notices, etc., AND PROVIDE details regarding any positive answers under section D14.

This form is an annex to brokerage contract : BC -

D1. IDENTIFICATION OF THE IMMOVABLE

D1.1 The declarations herein pertain to the immovable located at:

D2. GENERAL INFORMATION

D2.1 In what year did you acquire the immovable?

D2.2 Do you occupy the immovable and, if so, since when? yes, since no

D2.3 Was the immovable ever leased ? yes no

If so, identify the leasing periods :

D2.4 In the case of a leased immovable :

a) The leases detailed in Annex bring in rents of at least

dollars ( $) annually .

b) Have you received any notice from a lessee or from the spouse of a lessee to the effect that the immovable or part thereof is used as a family residence ? yes no

c) Have you received any notice liable to amend the existing leases ? yes no

d) Are there lessees who benefi t from special advantages from you that are not specifi cally indicated in writing in the leases ? yes no

e) Are there any proceedings pending before the Régie du logement or any other tribunal ? yes no

f) Is the immovable part of a housing complex within the meaning of the Act respecting the Régie du logement (R.S.Q., c. R-8.1) ? yes no

g) Does the immovable constitute a portion that has been detached from a housing complex within the meaning of the Act respecting the Régie du logement (R.S.Q., c. R-8.1) following an alienation without fi rst having obtained the authorization of the court ? yes no

D2.5 What is the year of construction of the building? don’t know

D2.6 To your knowledge and subject to what the verifi cations to be done by the BROKER or a potential buyer may reveal :

a) Is the immovable affected by hypothecs, servitudes, other real rights or other charges ? yes no

b) Is the immovable affected by restrictions of public law that are exceptions to ordinary law (e.g. fl ood risk area, municipal zoning and subdivision by-laws, Cultural Property Act, Act to preserve agricultural land, Environment Protection Act, and related regulations) ? yes no

D2.7 To your knowledge, has the immovable ever been the subject of a notice of non-compliance from a competent authority or from an insurer with which you have not complied ? yes no

D2.8 To your knowledge, does the immovable conform to the laws and regulations relating to environment protection? yes no

D2.9 Is the immovable covered by a new home warranty? yes no

If so, is a document available attesting that the immovable is registered in the warranty plan? (e.g. certifi cate or letter confi rming registration) ? yes no

D2.10 What telecommunications company(ies) service the immovable (e.g. Bell, Videotron, Cogeco, Shaw Direct, Telus, etc.) ?

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ADDRESS OR CADASTRAL DESCRIPTION IF A VACANT LOT

NOTE – This form is to be used to complete a mandatory brokerage contract form for the sale of a residential immovable.

The OACIQ publishes forms as part of its public protection mission.© Organisme d’autoréglementation du courtage immobilier du Québec, 2010. No reproduction without written permission. For information: Info OACIQ | Tel.: 450 462-9800 or 1 800 440-7170 | Fax: 450 676-7801 | [email protected] | www.oaciq.com DS

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8546 Louis St., Apt. 302, Mirador, Québec, J7L 4X5

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D2.11 Is the immovable serviced solely by the telecommunications company identifi ed in clause D2.10 ? yes no don’t know

D3. INFILTRATION

D3.1 To your knowledge, are there or have there ever been water infi ltrations in the basement or elsewhere (e.g. roof, patio, balcony, solarium, skylight, door, window, chimney or other) ? yes no

D4. LAND (SOIL)

To your knowledge, are there or have there ever been:

D4.1 problems concerning the soil such as sliding, subsidence, movement or instability affecting the immovable ? yes no

D4.2 foundation stabilization work (e.g. piles, below-grade work, etc.) ? yes no

D4.3 soil contamination (e.g. fuel oil, oil, lead, mercury, etc. spill or leak) ? yes no

D4.4 soil work (e.g. backfi ll, pool fi ll, retaining wall, etc.) ? yes no

D4.5 periodical accumulation of water on the property? yes no

D4.6 yellowish or reddish water in the ditch? n/a yes no

D4.7 iron ochre deposit in the soil? yes no

D5. BUILDING BASEMENT (INCLUDING CRAWL SPACE)

To your knowledge, are there or have there ever been :

D5.1 liquid spill in the basement (e.g. water, fuel oil, oil, mercury, etc.)? yes no

D5.2 foundation crack, rot or other problem with the basement structure ? yes no

D6. INTERIOR AIR QUALITY

To your knowledge, are there or have there ever been:

D6.1 major and regular condensation in winter, including on windows, solariums, patio doors, walls, ceilings or other ? yes no

D6.2 odour (e.g.: sewer, dampness, gas, fuel oil, etc.) ? yes no

D6.3 evidence of mould or rot ? yes no

D6.4 presence of an insulation product that may contain asbestos (e.g.: vermiculite) ? yes no

D7. ROOF

D7.1 In what year was the roof covering installed ? don’t know

D7.2 Do you have documents evidencing the replacement of the roof covering ? yes no

D7.3 To your knowledge, is there or has there ever been ice accumulation or icicles hanging from the roof in winter ? yes no

D8. PLUMBING AND DRAINAGE

D8.1 To your knowledge, are there or have there ever been plumbing-related problems (e.g. marked variations in water pressure or fl ow when using fi xtures, freezing pipe, water leak, rusty water, odour, plumbing drainage or backup problem, abnormal noise or other? yes no

D8.2 Does the immovable have a sump or drainage well with or without a pump ? yes no

a) How often does the sump pump operate ? n/a don’t know

b) Have you ever been aware of the presence of “rusty” water or yellowish or reddish deposit in the sump or drainage well ? yes no

D8.3 To your knowledge, have modifi cations been made to plumbing drains, including the foundation drain (tile drain or French drain) ? yes no don’t know

D8.4 In what year was the water heater installed? don’t know

D8.5 Is there a water softener ? yes no

2/6The OACIQ publishes forms as part of its public protection mission.© Organisme d’autoréglementation du courtage immobilier du Québec, 2010. No reproduction without written permission. For information: Info OACIQ | Tel.: 450 462-9800 or 1 800 440-7170 | Fax: 450 676-7801 | [email protected] | www.oaciq.com DS

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D8.6 Water supply system

a) Does the municipality supply water services ? yes no

b) Is the immovable connected to the municipal water supply ? yes no

If not,

c) What is the source of the water supply ? tubular (artesian) well surface well well point (point) spring tapping

other : don’t know

d) Does this source supply your drinking water ? yes no

e) To your knowledge, are there or have there ever been problems with the quality or quantity of water ? yes no

D8.7 Sewage disposal system

a) Does the municipality provide sewer services? yes no

b) Is the immovable connected to the municipal sewer system ? yes no

If not,

c) What type of system does this immovable have ?

septic tank with weeping fi eld sealed septic tank septic tank with leaching fi eld other : don’t know

d) In what year was this system installed ? don’t know

e) Do you have documents indicating the features, compliance status and year of installation of the system? yes no

f) When was the system last emptied (date) ? don’t know

g) Do you have documents evidencing the frequency at which the system is emptied or maintained, including the date the system was last emptied ? yes no

h) To your knowledge, have there ever been problems with the system (e.g. odour, overfl owing, etc.) ? yes no

D9. ENERGY

D9.1 Is the immovable serviced by power utilities ? yes no

D9.2 Is the immovable connected to power utilities ? yes no

D9.3 To your knowledge, are there or have there ever been electrical problems (e.g. light blinking abnormally, fuse or circuit breaker that blows or trips repeatedly, defective outlet or switch, etc.) ? yes no

D9.4 Is the immovable serviced by natural gas services? yes no don’t know

D9.5 Is the immovable connected to natural gas services ? yes no

D9.6 To your knowledge, have there ever been gas-related problems (e.g. yellow or orange fl ame, leak, irregular supply, odours)? yes no

D9.7 Does the immovable have a generator ? yes no

D9.8 To your knowledge, have there ever been problems related to the generator ? yes no

D10. HEATING, AIR CONDITIONING AND VENTILATION

D10.1 Main heating system

To your knowledge :

a) What type of energy does the main heating system use (e.g. oil, electricity, natural gas, solar, geothermal, other)?

b) Are there or have there ever been problems with the heating system ? yes no

c) Are certain rooms diffi cult to heat ? yes no

d) Is there foil heating in the ceiling (radiant heat) ? yes no

e) In what year was the furnace installed ? n/a don’t know

f) If the heating system does not use a furnace, what is the year of installation of the main components of the system ? n/a don’t know

The OACIQ publishes forms as part of its public protection mission.© Organisme d’autoréglementation du courtage immobilier du Québec, 2010. No reproduction without written permission. For information: Info OACIQ | Tel.: 450 462-9800 or 1 800 440-7170 | Fax: 450 676-7801 | [email protected] | www.oaciq.com DS

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Page 3 of 6


g) Do you have a maintenance contract for the heating system ? yes no

h) In what year was the oil tank installed ? n/a don’t know

i) Is there or has there ever been an underground oil tank? yes no

j) How often is the chimney swept ? n/a don’t know

k) When was the chimney last swept (date) ? n/a don’t know

D10.2 Heat pump (air conditioning and heating) n/a

To your knowledge :

a) Are there or have there ever been problems with the heat pump ? yes no

b) What is the year of installation of the heat pump ? don’t know

c) Do you have a maintenance contract for the heat pump? yes no

D10.3 Permanent air conditioning system n/a

To your knowledge :

a) Are there or have there ever been problems with the air conditioning system ? yes no

b) In what year was the air conditioning system installed? don’t know

c) Do you have a maintenance contract for the air conditioning system ? yes no

D10.4 Is there an air exchanger? yes no

If so :

a) To your knowledge, have there ever been problems with the air exchanger ? yes no

b) In what year was the air exchanger installed ? don’t know

D10.5 Geothermal system n/a

To your knowledge :

a) Is there or have there ever been problems with the geothermal system ? yes no

b) In what year was the geothermal system installed ? don’t know

c) Is the geothermal system certifi ed by the CCGE (Canadian Coalition of Geothermal Energy) ? yes no

If so, what is the system’s certifi cation number ? don’t know

D10.6 Supplemental heat (stove, fi replace, chimney) n/a

To your knowledge :

a) Are there or have there ever been problems with the supplemental heating device and its components? yes no

b) In what year was the device installed? don’t know

c) Do you have documents evidencing the features and year of installation of the device ? yes no

d) How often is the device used ? don’t know

e) Do you have documents evidencing the features and year of installation of the supplemental heat chimney? yes no

f) How often is this chimney swept ? don’t know

g) When was the chimney last swept (date)? don’t know

D11. INSECT AND PEST CONTROL

D11.1 To your knowledge, are there or have there ever been insects or pests (e.g. carpenter ants, bats)? yes no

D11.2 Have you ever used the services of a professional exterminator ? yes no

D12. EXISTING INSPECTION OR OTHER EXPERT REPORTS

D12.1 To your knowledge, are there or have there ever been one or more inspection reports written on the immovable ? yes no


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D12.2 To your knowledge, are there or have there ever been any other tests or expert evaluations done on the immovable (ex.: pyrite, pyrrhotite, radon, ochre deposits, UFFI, asbestos, air quality, water quality or fl ow, foundation drain) ? yes no

D12.3 Are these inspection reports, tests or expert evaluations available? yes no

D13. OTHER INFORMATION

D13.1 Apart from what has already been mentioned, to your knowledge has the immovable ever sustained damage due to one or more events such as ice storm, wind storm, fl ood, fi re, or other ? yes no

D13.2 To your knowledge, has major work or renovations ever been done to the immovable other than those already mentioned? (e.g. modifi cations to the structure of the immovable) ? yes no

Any major work or renovation done to this immovable and not specifi cally covered by a question on this form must be reported in section D14.

D13.3 Did you obtain the necessary permits to carry out such work ? don’t know yes no

D13.4 Do you have drawings and specifi cations pertaining to this work? yes no

D13.5 To your knowledge, has an insurance company ever refused to insure the immovable in whole or in part ? yes no

D13.6 To your knowledge, has an insurance company ever refused a claim for damages sustained to the immovable ? yes no

D13.7 To your knowledge, has cannabis ever been grown or any other drug, chemical or hazardous material ever been produced inside the immovable ? yes no

D13.8 To your knowledge, has there ever been a suicide or violent death in the immovable? yes no

D13.9 To your knowledge, are there any other factors relating to the immovable and not mentioned in these declarations that are liable to signifi cantly reduce the value or restrict the use thereof, reduce the income generated thereby or increase the expenses relating thereto (e.g. development or construction project, environmental problems [e.g. radon], abnormally high noise level, unpleasant odour, etc.) ? yes no

D14. DETAILS AND MAJOR IMPROVEMENTS TO THE IMMOVABLE

Indicate the number of the clause to which the details apply :

If space is insuffi cient, the provisions contained in Annex are an integral part of this form.

REMINDER: PROVIDE ALL DOCUMENTS AVAILABLE IN SUPPORT OF THE DECLARATIONS.


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special contribution of $3,400 (for each unit). D13.9: Work has been planned for the renovation of the hall and entrance door and will be subject to a

D13.9: The immovable is located within a protected area of an historic district.

Page 5 of 6


D15. SIGNATURES (ALL COPIES MUST BEAR ORIGINAL SIGNATURES)

The SELLER hereby declares that all the information contained in this document was provided in good faith and to the best of his knowledge and hereby recognizes that a copy of this document may be submitted to any prospective buyer, agency or broker or to any building inspector or other individual involved in the transaction. He shall provide, in writing, to the agency or broker representing him and, if applicable, to the buyer, any additional information pertaining to the immovable as soon as he has knowledge of it.


DATE DATE

Signed in ,

on , at : .

IDENTIFICATION OF SELLER 1 (PLEASE PRINT)

SIGNATURE OF SELLER 1

WITNESS

ACKNOWLEDGEMENT OF RECEIPT

The buyer hereby acknowledges having received a copy of these declarations from the seller.

Signed in ,

on , at : .

IDENTIFICATION OF BUYER 1 (PLEASE PRINT)

SIGNATURE OF BUYER 1

WITNESS

Signed in ,

on , at : .

IDENTIFICATION OF SELLER 2 (PLEASE PRINT)

SIGNATURE OF SELLER 2

WITNESS

Signed in ,

on , at : .

IDENTIFICATION OF BUYER 2 (PLEASE PRINT)

SIGNATURE OF BUYER 2

WITNESS

DATE DATE

DS

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Your signaturePhilippe Tremblay

Philippe Tremblay

March 1, 2050

Mirador

8 00 P.M.

Page 6 of 6

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