Contrat de courtage immobilier (Québec)

A Quebec real estate brokerage contract (contrat de courtage immobilier) is a formal agreement between a property owner and a licensed real estate broker establishing the terms under which the broker will market and sell the owner's property. Governed by articles 2098 to 2129 of the Civil Code of Quebec (C.c.Q.) relating to contracts of enterprise or for services, and by the Loi sur le courtage immobilier (RLRQ, c. C-73.2), this contract creates a professional relationship in which the broker acts as an intermediary between the seller and potential buyers. In Quebec, all real estate brokers must hold a valid permit issued by the Organisme d'autoréglementation du courtage immobilier du Québec (OACIQ), the self-regulatory organization responsible for overseeing the real estate brokerage profession in the province. The brokerage contract specifies critical terms including the property description, listing price, commission rate, type of listing (exclusive or non-exclusive), duration of the agreement, marketing obligations, and conditions under which the commission becomes payable. Unlike in some common law jurisdictions, Quebec's civil law framework treats the brokerage contract as a contract of enterprise or for services rather than a simple agency agreement, which has important implications for the rights and obligations of both parties. The broker must exercise their duties with competence, integrity, and in accordance with professional standards established by the OACIQ, while the property owner must provide accurate information about the property and cooperate with the broker's marketing efforts.

A Quebec real estate brokerage contract is needed whenever a property owner in Quebec decides to engage a licensed broker to assist with the sale of their property. Homeowners selling their primary residence typically engage a broker to benefit from professional marketing expertise, access to the MLS (Multiple Listing Service) platform, and the broker's network of contacts and potential buyers. Investors selling income properties such as duplexes, triplexes, or commercial buildings require brokerage contracts that address the specific complexities of investment property sales. Condominium owners selling their units need a broker who understands the particular requirements of co-ownership sales, including the obligation to provide relevant condominium documents to potential buyers. Estate executors or liquidators who need to sell real property as part of estate administration benefit from professional brokerage services to ensure the property is sold at fair market value. Owners of vacant land or development properties require brokers with specialized knowledge of zoning regulations and development potential. Relocation situations, where the owner is moving to another province or country, make professional brokerage services essential for managing the sale process remotely. Divorce or separation situations often require the sale of jointly owned property through a neutral professional broker.

The key elements of a Quebec real estate brokerage contract include several essential components mandated by the Civil Code of Quebec and the Loi sur le courtage immobilier. First, complete identification of the client (property owner) is required, including full legal name, address, and contact information. Second, the broker must be fully identified with their name, business address, OACIQ permit number, and affiliated brokerage agency. Third, the property must be described in detail, including the civic address, cadastral lot number, property type, detailed physical description, and lot dimensions and living area. Fourth, the listing price must be clearly stated, reflecting the owner's desired selling price. Fifth, the commission structure must detail the commission rate as a percentage of the sale price, conditions for payment, and any commission sharing arrangements with collaborating brokers. Sixth, the exclusivity terms must specify whether the listing is exclusive or non-exclusive, along with the start and end dates of the contract. Seventh, the broker's marketing obligations must outline specific promotional activities such as MLS listing, photography, virtual tours, open houses, and advertising. Eighth, the broker's professional duties must address the obligation to present all offers, provide honest advice, and act in the client's best interest. Ninth, the client's obligations must include providing accurate property information and cooperating with showings. Tenth, a good faith clause pursuant to article 1375 C.c.Q. ensures both parties act honestly and transparently throughout the relationship.