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FAQ (Frequently Asked Questions)
What are
the differences between new build and resale properties?
We all like something new... even if we didn't chose the colours and
fittings, its still great to know that we are the first ones to live in
a unit. In addition to that, the units are often influenced by the
latest trends in terms of layout and appearence. Modern units usually
make better use of the available floorspace than older units.
But is this really worth it?
In terms of value for money, a
resale unit often represents a much smarter purchase. More often
than not, a new construction purchased 'off-plan' will be around 10%
more expensive than its resale equivalent. This has more to do with
a sharp increase in the price of commodities over the past decade than anything
else.
If you were to purchase a resale unit that is between 5
and 10 years of age, and fully renovate it exactly as you want it to be,
chances are you will still be spending less than with an equivalent
newbuild. What's more, newbuild properties have what is referred to as
the 'gross' square footage whereas resale units are required by law to
advertise the 'net' square footage. If you purchase a 1000 square foot
condo directly from the developer, you may expect at least a loss of 8%
of the square footage by the time you get the 'legal' square footage.
Why is this important? Because when you want to sell, you will have
to declare the legal square footage. Failure to do so may result in
the buyer either withdrawing from the sale or, if they find out
after the deed is signed, result in you, the seller, being liable
for the difference between the declared 'gross' and actual square
footage.
This is something that the builder is not under any
legal obligation to do. In Quebec, a developer is allowed up to 10% 'variance' between the 'gross' and the 'net'
square footage. There is no legal 'black and white' as far as this
goes, this amount is based on having interviewed a selection of
lawyers, disgruntled buyers who have sought legal advice, and
notaries. This does not mean that in any specific case the 10%
disparity would be used as a baseline, it just makes it unlikely
that any worthwhile compensation will be paid should it be any less.
The most important thing you need to
know in all of this is that it is NOT legal for you to re-sell on the
basis of the 'gross' square footage. You MUST declare the net square
footage.
What are the differences between the Real Estate system in North
America and in most other countries around the world?
The system in North Amercia varies from State to State. In Canada,
every Province has its own laws, but they all have laws regulating Real
Estate Professionals and the Agencies for which they work.
Whats
more, the system in North America is based on collaboration. Every Real
Estate Agent/Broker can sell any other Real Estate Agent/Broker's
listing. So Agents/Brokers from Century 21 collaborate with those from
Remax for instance...
As a foreigner, all you need to know is
that you must choose who you wish to work with as an indivitual, that is
find an agent/broker with whom you can communicate properly and appears
to have the necessary knowledge to help you find a property in the area
you are looking at. You don't need to use several brokers/agents as this
could be very confusing, and could result in your seeing the same
property twice or even three times as a different broker may not know
what you have already seen. This could lead to awkward situations.
Why would I want or need to list with a Real Estate Broker?
A Real Estate Broker is an individual who has received a license
following what is now an intensive course allowing him or her to assist
a member of the public in the purchase or sale of an immovable (thats a
property in layman's terms). This Real Estate professional should have a
good knowledge of the area and of the value of Real Estate. This
professional has access to a lot of data that enables him or her to give
an accurate evaluation of the value of the immovable.
If you
were to list WITHOUT this kind of advice and knowledge, one of three
things can happen. 1. You can be defrauded 2. You can encouter a
plethora of legal problems which may result in failed closings,
lawsuits and compensations to the buyer. 3. You sell for less
than the property is worth
On a property
worth $400,000 you would never know if you could've sold for $20,000
more or less. Even if this excess only covers the fees of the Broker, it
still means you don't have to do any work that you otherwise would've
needed to do. And you can believe it that it takes many hours of work to
sell or rent just one unit.
People who try to buy a property
without an agent are not looking to give you more money. In fact,
they will use the absence of an 'Agent's commission' to justify a
lower price. Whats more, people who use Real Estate Brokers to
assist them in the purchase of a property are usually too busy to
look by themselves because they are busy with their respective
careers. They need to purchase using a Real Estate Broker because
its faster. They are usually wealthier than those who try to find a
property without the help of a professional.
Listing your property with a Real Estate Broker will give you access
to a huge part of the market which is not only in the higher income
bracket, but that would otherwise be inaccessible.
What is the OACIQ (Formally the ACAIQ)?
The OACIQ or Organisme d'Autoreglementation du Courtage Immobilier
du Quebec is a self-funded government body with the authority to
regulate the Real Estate Professionals in the Province of Quebec. Their
assigned task is to protect the public by providing brokers with the
necessary training and know-how to perform their tasks. They ensure
compliance with disciplinary actions that can go from a short suspention
of the brokers' license to a lifetime ban.
Members of the public
are encouraged to contact this body should they have any reason to
believe that their Real Estate Broker/Agent failed in his or her duty to
inform you, the client.
Are there
any differences between brokers/agents or is it all the same so long as
my property is on the MLS?
Real Estate Brokers can have all sorts of skills, they may have
superior knowledge in commercial, investment or residential properties.
Legally speaking they can sell anywhere in Quebec, but lets face it, it
would'nt be smart for you to use a Gatineau based Realtor to sell your
condo in Quebec City now would it?
Comparaisons don't have to be
that obvious. Montreal is a 3.5 million people city.... If you are a
realtor who lives and works in St Leonard on the east island, it would
be a fair assumption that you probably don't know as much about real
estate in the city as a broker who works and lives right there.
Thats where the difference lies. You need to know how much your broker
knows about the area, amenities, other Real Estate Brokers in the area,
local marketing, online marketing, how many open houses they do, where
their office is based etc...
Most people don't pay too much
attention to these details and allow a family friend or the Realtor they
used to buy their property to list without actually evaluating their
ability to effectively sell the property for the best possible price.
So in many ways, the answer is yes, you can sell just by listing
on the MLS, but will you get the best price if this is the only thing
your agent is doing?
Do I have to pay the broker/agent
if I am a buyer?
Absolutely not! Any Brokerage fees associated with the sale are paid by
the seller, not the buyer.
What are the costs usually associated with
the purchase of a property in Montreal?
There are three:
The first is the property inspector's fee,
which can range from $300-$600 depending on the size of the property.
The second is the fee payable to the Notary which is around
$1200-$1300. The Third is the dreaded and rather unaptly named
'Welcome Tax' which is roughly 1% of the value of your purchase and is
payable within one or two months of the date of the transfer of the
deed. This is a tax that is levied by the City of Montreal and is a one
time payment.
How much
is the 'Welcome Tax'?
The break down of this tax is 0.5% of the first $50,000, 1% of the
amount between $50,000 and $250,000 and 1.5% for any purchase between
$250,000 and $500,000. Anything in excess of $600,000 would be taxed
at 2% and only on the Island of Montreal. Anywhere else in the
Province of Quebec, the welcome tax is capped at 1.5%.
As an example, if you were to purchase a property
worth $370,000 the welcome tax would be calculated as follows
1.
0.5% of the first $50,000 = $250 2. 1% of the amount between $50,000
and $250,000 = $2,000 3. 1.5% of the amount between $250,000 and
$500,000 so
1.5% of $120,000 = $1,800
The total welcome tax due to the city
would be 250+2000+1800= $4,050
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