Promesse d’achat (Québec)

A Quebec Promise to Purchase (Promesse d’achat) is a preliminary legal agreement governed by articles 1396-1397 of the Code civil du Québec. This document serves as a binding commitment by the promising buyer (promettant-acheteur) to purchase immovable property from the promising seller (promettant-vendeur). Under article 1396, the promise to enter into a contract is binding and gives the beneficiary the right to demand conclusion of the promised contract. The promesse is widely used in Quebec real estate as the primary vehicle for initiating purchases. It sets out all essential terms: parties, property description with cadastral designation, price, deposit, conditions for financing and inspection, acceptance deadline, and consequences of non-performance. Quebec civil law provides specific statutory rules for promises to contract, creating obligations for both parties that must be executed in good faith per article 1375.

You need this when ready to commit to purchasing immovable property in Quebec but want conditions that must be satisfied before the sale becomes final. Standard document for residential transactions: houses, condominiums, duplexes, or vacant land. Used when the buyer needs time to arrange financing, conduct inspection, or sell current property. Also appropriate when the seller needs time to consider or when multiple conditions must be met. Brokers licensed by the OACIQ commonly use standardized forms. Use at the initial stage, well before notarial closing.

Key elements: identification of promettant-acheteur and promettant-vendeur; property description with cadastral lot number; purchase price in CAD; deposit and trust holder per art. 1711; financing conditions (mortgage, rate, deadline); inspection conditions; deadline for acceptance; consequences of non-performance per art. 1397; notary designation; bonne foi clause (art. 1375); applicable law under the C.c.Q. Warranty against hidden defects (art. 1726) applies to the eventual sale.