Real estate law includes specific rules on real estate.
The general regulations surrounding buildings, real estate sales, and the use of buildings, especially in rental situations, fall under the realm of civil law, as do the rules concerning ownership, buildings, property, sales, rental and neighborhood disturbances. La Boîte Juridique can separate the specific rules from the general rules that apply to your situation and advise you in either case.
The sale or purchase of a residential or commercial building involve a number of complex aspects that can create problems. The promise to purchase and its conditions are key steps that create mutual obligations for the buyer and seller. These clauses must be clear, precise and above all understood.
Easements or rights of way can also limit our right of ownership. It is important to understand the extent of or to provide an easement that ensures your privacy. This also helps prevent conflicts between neighbours in the short and long term.
Once the transaction is complete and the transfer of ownership is made, hidden defects are sometimes discovered. This is why pre-purchase inspection done by the prospective buyer or inspector is so important. Unfortunately, some defects cannot be detected before buying – which is why they are called “hidden defects.” If such defects are found after purchase, specific actions must be taken within a specific timeframe in order to protect your rights.
In this regard, our firm offers the following services:
We offer commercial property owners (from individual units to shopping centres) a full range legal services related to the management of their housing stock, including commercial lease drafting and negotiation, rent collection, compliance with restrictive clauses, lease cancellation, claims for damages, publication of movable hypothecs, the exercise of hypothecary recourse, and representation and protection of rights before the Courts and bankruptcy trustees should a tenant ever find themselves insolvent or bankrupt.
Because business owners and operators can also be tenants of their commercial premises – as long as there is no conflict of interest – we often advise and represent commercial tenants for the negotiation, interpretation, analysis, and signing of a commercial lease and in the context of legal disputes before the courts in cases where a landlord is instituting proceedings in an effort to collect rent, terminate a lease, or defend a hypothecary remedy.
Construction law involves both civil law and real estate law. Whether you are a buyer, a commercial landlord, a commercial tenant, a developer or contractor, La Boîte Juridique is your greatest asset in construction law. Among others, real estate law and construction law include:
Whether for a new construction or the renovation of a commercial or residential building, the expectations and limitations of each party need to be clearly defined to prevent unpleasant surprises at either end, and thus avoid litigation. Cost overages and extra fees can also cause problems. Workmanship and construction defects need to be addressed within timeframes that are sometimes very short.
Contractors, subcontractors, architects, engineers and notaries all gravitate towards this industry, and each party has its own rights and obligations, as do the service requestor and purchaser.
Unfortunately, when a dispute occurs, we must find solutions to correct or rectify the situation. Most importantly, we must act before the situation worsens.
To do this, we offer the following services: