Westmount, QC

Real estate sales of homes in Westmount have risen this October. Drop by and read the Westmount October market report now posted in the Neighbourhoods category on my new blog site: johnbjoseph.com

Victoria Hall In Westmount Quebec

Westmount Quebec has some of the nicest architectural buildings in Montreal. A nice example is Victoria Hall, located beside Westmount Park on Sherbrooke Street West.

Victoria Jubilee Hall opened in 1899 and was destroyed by fire in 1924. It was originally petitioned by citizens as a community centre. The architect, Robert Findlay designed Victoria Jubilee Hall using the same style and materials as the Westmount Library. After the fire, a second community centre was built in stone in the neo-Tudor style by the architectural firm Hutchison & Wood. Gothic details, a square crenellated tower, the four turrets, the oriel window above the ogival doors and the buttresses of the two wings were done with Sandstone. The centre has a large hall with balcony performance stage. To date, its’ most recent renovation and restoration was performed in 1998 effected by the firm Fournier, Gersovitz & Moss.

Until December 16^th, from 10 AM to 9 PM, at the Victoria Hall Gallery come visit the exhibition of Montreal painter and glass worker Guido Nincheri (1885-1973). The exposition looks at the influences through which the works of art on both canvas and glass were created. Presented in collaboration with the Conseil des arts de Montréal.

Sellers DO NOT Always Pay For The Certificate Of Location

What is a certificate of location?

It is a document, prepared by a land surveyor, consisting of a report and plan on the current situation and state of real property (the lot and all things attached [immovable] to it) with respect to titles, lot and zoning regulations and municipal bylaws.

The certificate of location provides an expert opinion on whether there is a need for any changes because of existing encroachments, illegal views, discrepancies between the measurements taken and those originally deposited with respect to the property, etc.

At best it can take one week to obtain a new certificate of location; however, there can often be a several-week delay, especially during the high spring real estate period. A new certificate of location for one property or lot can cost from $400 to $1,000 depending on the land surveyor’s firm, time delay in which it must be produced (required before the closing date of the transaction), and the extent of work involved.

Who reviews the certificate of location?

One of the first steps notaries take is to verify if the certificate of location, provided by the seller*, is still valid. This is an essential document for the completion of the title exam on the property. The buyer’s financial institution requires it to provide a mortgage. It is required before the closing/date of the transaction.
* See "Who pays for..." below.

Why a new certificate of location?

Because of any of the reasons below, often the seller is informed that a new certificate of location is necessary for the upcoming sale and is at the seller's expense. This generally results in an upset seller demanding, “Why is the certificate of location that was used in the previous purchase no longer valid for this resale?”

First, the most common reasons a new certificate of location is necessary:

- A physical change has been made to the property since the purchased by adding, modifying or removing a shed, cabana, swimming pool, garage, fences; certain landscaping changes; enlarged a deck or dwelling.

- The lot cadastral number has changed since you bought your property (Quebec’s cadastral reform has been ongoing since 1994).

- The certificate of location is deemed “too old” by the buyer's financial institution (most institutions insist that the certificate of location not be older than 10 years, some even request one be under five years).

Second, it is not always the seller who is informed to pay for the new certificate!

Who pays for the certificate of location?

In Quebec, the bylaws say either party can pay for one. However, when using a real estate broker the mandatory forms are quite specific. Clause 6.4 in the Promise to Purchase states that the seller must provide a certificate of location describing the current state of the property. What is not clear to buyers and sellers is that it also states that the cost of any new certificate of location shall be borne by the buyer where the previous certificate proves not to have been amended.

Clause 6.4 (Promise to Purchase)

I always advise my sellers to validate and update their certificate of location prior to a sale. The fewer barriers or impediments in a sale will result in less frustration and less dollars lost should a sale be diminished or fail due to bad paperwork and resulting arguments between the parties. Yes! It happens.

However, buyers should be aware that they could very likely find themselves bearing the cost of a new certificate on the day of closing at the notary should the notary discover a certificate does not accurately represent the property being sold. Notaries have been known to accept shortcuts such as having the buyer and financial institution sign off on a faulty certificate when there are minor faults that are accepted by all parties.

What can you learn from this post?

The lesson here is to stop listening to the rumour mill and advice from friends, family and even professionals; READ ALL CONTRACTUAL PAPERWORK BEFORE YOU SIGN. If your broker runs you quickly through it or you are not provided a reasonable and sufficient time delay to make or respond to an offer, INSIST ON A TIME DELAY EXTENSION and review your contracts.

REMEMBER, YOUR BROKER WORKS FOR YOU and not the other way round.

Be careful out there people! INTERVIEW YOUR REAL ESTATE BROKER BEFORE YOU HIRE THEM.

Market Report For July 2011 In Westmount, Quebec

MLS reported home sales slowed somewhat this July in Westmount to 11 from 23 in June. Active listings increased by 2 homes to 17 over last month. Existing inventory is now 8.1 months with the average for days sold dropping a little to 70 days.

I find this quite short considering the average sale in Westmount this month to be $1,160,000. The average discount from the asking price was 95% and within the norm. 7 contracts expired though it is likely we will see some of these homes come on market soon after summer vacation is over.

All in all, this is a good month for Westmount activity.

John B. Joseph has over 20 years of business to business experience in the U.S. and Canada in business process improvement, sales, consultation, sales management and has been helping buyers and sellers in real estate since 2005.

Can I Have Pets In My Apartment In Montreal?

Brian Madigan, LL.B recently blogged on "Evicting Tenants with Pets in Ontario"

After reading a recent post by Brian Madigan, LL.B on "Evicting Tenants with Pets in Ontario" and his readers comments I was surprised that some Ontarians think the tenants are king. I thought this only happened in Quebec. In Quebec, the landlord's lease is the keeper of rules regarding house pets.

In Quebec and of course, Montreal, the Civil Code rules. Here, the law says nothing at all. The Civil Code of Québec is silent on the matter of animals in dwellings. Only your lease and the rules of the building will state whether or not animals are allowed in your apartment.

What about our lease:
The landlord can use the lease to prohibit all or certain animals in the dwelling. When you sign the lease, it’s up to the landlord to tell you whether or not pets are allowed.

Rules of the building:
Many landlords draw up a list of internal rules for tenants to follow. The landlord must give you a copy of these by-laws, since they are considered part of your lease. They may state whether or not tenants are allowed to have pets in the building.

Do I have the right to have an animal in my dwelling?
It depends on what is set out in your lease:

1. No restrictions indicated
If the lease or building by-laws do not prohibit animals in the building, you can have an animal in your dwelling.

2. No specific restrictions
If the lease or building by-laws do not clearly prohibit animals in the dwelling, the landlord cannot, in principle, forbid you from having a pet.
For example, if the lease states that cats are not allowed in the building, you can reasonably conclude that you're allowed to have a dog.

Restrictions must be clearly indicated:
If the lease or building by-laws clearly state that animals are prohibited in the dwelling, then you must obey this rule. Nothing is stopping you, however, from trying to convince your landlord to allow pets. If he remains unconvinced, you can take the matter up with the Régie du logement. But if you do, be aware that it is up to you to prove that the restriction on pets is unreasonable. You should know that animal restrictions in leases are not generally viewed as abusive. Moreover, even if your pet isn’t causing any damage, the landlord may still insist that you respect the restrictions set out in the lease.

Caveat: The above is not an attempt to provide legal advice nor an effort to interpret the laws in Quebec. For an interpretation of the law and advice, always contact the offices of the Regie du Logement as they can advise you accordingly based on your particular situation.

John B. Joseph has over 20 years of business to business experience in the U.S. and Canada in business process improvement, sales, consultation, sales management and has been helping buyers and sellers in real estate since 2005.

Which Building Inspector Should I Choose?

This question is asked of most Montreal real estate brokers once a Promise to Purchase is accepted on a property.

As each property, client and broker are different so are the competencies, experience and personalities of residential home inspectors.

Reasons to Suggest Multiple Inspectors:

As Montreal real estate brokers we must adhere to a strict code of professional ethics. We are advised by our provincial association (OACIQ) to recommend at least 3 home building inspectors for selection.

For reasons:
1. Not to suggest any inpropriety on the part of the Montreal real estate broker;
and
2. To provide clients an opportunity to find an inspector who will respond to their needs.

I always suggest a couple of inspectors I know have experience with the property type in question AND advise my clients to seek out recognized building inspectors who are accredited by the The Quebec Association of Building Inspectors (AIBQ) knowing they have been vetted using specific criteria.

AIBQ criteria:
1. Hold a professional liability insurance (errors or omissions);
2. Use a recognized inspection service agreement;
3. Carry out inspections in accordance with recognized building inspection practice standards;
4. Submit a written report to the party using their services.

Notes: the AIBQ assures that inspectors Listed on the AIBQ’s meet the above requirements.

John B. Joseph has over 20 years of business to business experience in the U.S. and Canada in business process improvement, sales, consultation, sales management and has been helping buyers and sellers in real estate since 2005.