Real Estate Lawyers

A serious defect found after the sale, a conflict with the syndicate of co-owners, a landlord or tenant problem, a contractor who did poor work: that is when a real estate lawyer can help. Buyers, sellers, owners, co-owners and tenants can compare lawyers here, see their rates and availability, and book a consultation online.

What a real estate lawyer does

A lawyer in this field helps you understand your rights when a property matter turns into a problem. That can mean reviewing your deed, promise to purchase or declaration of co-ownership, telling you where you stand, sending a formal demand letter, negotiating a settlement, or representing you before a court or tribunal. For business premises, a commercial lease or the purchase of a commercial building, see our page on commercial real estate lawyers.

Notary or lawyer in Quebec?

In Quebec, notaries handle the legal side of an ordinary purchase: they prepare and sign the deed of sale and the mortgage deed, check the title and register the transaction. Lawyers step in when there is a dispute: a defect, a broken promise to purchase, a conflict with a neighbour, a syndicate or a contractor, or any case that may end up in court.

Your real estate broker plays a different role again. A broker helps you buy or sell and negotiate the price, but is not your legal adviser. The Chambre des notaires du Québec can help you find a notary.

Common real estate disputes

• Latent defects (vices cachés): a serious problem, such as water infiltration, discovered after the sale.
• Co-ownership: disputes with the syndicate or other co-owners over common expenses, repairs or the building's rules.
• Landlord and tenant: rent, repairs, lease renewals, repossession of a dwelling or eviction.
• Construction defects: poor work on a new build or a renovation. For damage to your home, see our article on property damage lawyers in Laval.
• Boundaries and neighbours: property lines, fences, servitudes and encroachments.
• A broken promise to purchase: a buyer or seller who backs out after signing.

Latent defects: first steps

If you discover a serious problem after buying a property, act quickly. Under the Civil Code of Québec, the buyer must notify the seller in writing within a reasonable time after discovering the defect. As a rule, the seller should also get a chance to see the problem before repairs are made, unless the situation is urgent.

• Send a written notice to the seller quickly, and keep proof that it was sent.
• Keep your evidence: the pre-purchase inspection report, dated photos and videos, the certificate of location (certificat de localisation), the seller's declarations, expert reports and repair quotes.
• Ask a lawyer about a formal demand letter and the next steps.

Delays apply, and acting late can weaken or end your claim. Éducaloi explains latent defects in plain language, and a lawyer can tell you exactly where you stand. If the defect is in a home or condo you bought, see our page on residential real estate lawyers.

Buying or selling: when a lawyer helps

The notary still handles the deed. A lawyer helps before you sign, or when the deal goes wrong.

• Promise to purchase conditions: a lawyer can explain what the inspection and financing conditions allow you to do.
• A buyer or seller who backs out: a lawyer can tell you whether the withdrawal is valid and what you can claim.
• Deposit disputes: a lawyer can negotiate its release or take the matter to court.
• Inspection findings: a lawyer can help you renegotiate, request repairs or withdraw properly.

Construction and renovation defects

Many new homes are covered by a mandatory builder's warranty plan with its own claim process. Contractors are also bound by legal warranties for poor work, and a seller remains bound by the legal warranty of quality.

The first step is usually a formal demand letter to the contractor or builder. Keep your contract, invoices, photos and any expert report. A lawyer can tell you which warranty applies and represent you if the contractor refuses. For more on this, see our page on construction dispute lawyers.

Co-ownership (condo) disputes

The declaration of co-ownership sets the rules, including who pays for repairs to common portions and the noise and renovation rules for your unit. The syndicate of co-owners manages the building and enforces them.

Disputes often involve a special assessment, common-portion repairs or a refused renovation. A lawyer can review the declaration and represent you against the syndicate, or represent the syndicate itself. Strict deadlines can apply to contest a meeting decision.

Landlord and tenant: the TAL

Most disputes about a residential lease in Quebec go before the Tribunal administratif du logement (TAL), not a regular court. That includes rent increases, repairs, non-payment and repossession of a dwelling. A lawyer can help you prepare or represent you when the stakes are high or the case is complex. For more on this, see our page on landlord-tenant dispute lawyers.

What it costs

Each lawyer sets their own rates. Common options are an hourly rate, a fixed fee for a defined task such as a demand letter or a contract review, or a mix of both. On JustiConnect you can see each lawyer's rates up front and compare them before you book. At your first consultation, ask for an estimate of the total cost, including expert and court fees.

When to get a lawyer

• You found a serious defect after buying, or a buyer says you hid one.
• You received a formal demand letter, a lawsuit or a TAL application.
• The other side, or the syndicate, already has a lawyer.
• A buyer or seller backed out of a signed promise to purchase.
• You are unsure whether a deadline is close.

Not sure who to pick? Read our guide on how to choose a lawyer in Quebec, or our tips on choosing a property lawyer in Montreal.

Compare and book

Browse the lawyers listed below, filter by location, rates and availability, and book a consultation directly. You can also search every lawyer in real estate law or see the real estate law lawyers in Montreal.

Frequently asked questions

Do I need a notary or a lawyer to buy a house?

For an ordinary purchase in Quebec, a notary handles the deed of sale and the mortgage deed. A lawyer becomes useful when something goes wrong before or after the sale.

What counts as a latent defect?

Generally, a latent defect is a serious problem that existed at the time of the sale, was not apparent, and was unknown to the buyer. Whether yours qualifies depends on the facts.

Can a lawyer help with a TAL case?

Yes. A lawyer can advise you, help organize your evidence and, when needed, represent you before the tribunal.

Is my real estate broker enough?

A broker is there to help with the transaction, not to give legal advice or represent you in a dispute. For a legal question, consult a lawyer or a notary.

What should I do before signing a promise to purchase?

Check the inspection and financing conditions and their deadlines, and ask for the seller's declarations. Have a lawyer or notary review anything unusual.

Can I back out of a promise to purchase?

It depends on the conditions in the promise. If one is not met, you may be able to withdraw; otherwise, you could face a claim. Get advice quickly.