Condo Purchase Offer: Key Clauses in Quebec

Buying a fraction in a divided co-ownership is not the same as buying a detached house. A condo purchase offer must include strong clauses suited to the context of a syndicate. These clauses protect your deposit, limit your risks and give you access to the right documents before you commit. The requirements arising from Bill 16 (maintenance logbook/EUC and contingency fund study) also change the situation.

Below, we summarize the essential clauses to include in a Quebec purchase offer, the documents to request from the syndicate and the points requiring attention. Information and references current as of 2026-05-21.

1) Syndicate documents to obtain before waiving your conditions

Your purchase offer should include a clear clause requiring the seller to provide the co-ownership documents promptly, with a right to terminate or obtain a reasonable extension if the information is incomplete or concerning. In particular, request:

• the declaration of co-ownership (DCV) and all amendments, as well as the by-laws of the immovable.
• the minutes of annual general meetings and special meetings from the past three to five years.
• recent financial statements, the current budget and, where applicable, an audit report.
• a statement from the syndicate confirming the balance of the seller’s common expenses, any special assessments that have been approved or are being considered, and any ongoing litigation.
• the maintenance logbook/EUC, contingency fund study and recommended contribution rate (Bill 16). Request the most recent version available.
• the syndicate’s insurance policy (deductibles, exclusions, recent losses and claims being processed).
• a certificate of condition of the common portions affecting the fraction (e.g., balcony, windows, membranes), if one exists.

For more information:

• OACIQ – advice on buying a divided co-ownership
• LégisQuébec – Civil Code of Quebec (divided co-ownership, sections 1038 and following)
• RGCQ – resources on the contingency fund study and maintenance logbook (Bill 16)

Practical tip: in a co-ownership under our management, a buyer was able to negotiate a price adjustment after discovering through the maintenance logbook that major roof work was needed in the short term. Without this document clause, the buyer would have assumed the risk alone.

2) Essential suspensive clauses to include

• Financing and bank appraisal: make the purchase conditional on obtaining a mortgage loan and, where necessary, a satisfactory appraisal. Allow realistic time frames.
• Inspection of the condo and relevant components of the common portions: the right to have the property inspected by a qualified professional, with the possibility of withdrawing or renegotiating if significant defects are found. For past or upcoming work, verify the contractor’s licence with the RBQ.
• Legal review of the documents: the right for your notary to examine the declaration of co-ownership, by-laws and servitudes; the possibility of terminating if a crucial use restriction affects you (e.g., pets, short-term rentals, flooring, BBQs, noise).
• Up-to-date certificate of location: require a recent certificate reflecting the current situation (parking, storage, servitudes, balconies). Specify who will bear the cost if an update is required.
• Syndicate statement and common expenses: make the purchase conditional on receiving a statement confirming that the seller has no arrears and disclosing any approved or unbilled special assessments. If the information is unfavourable, retain a right to withdraw.
• Syndicate insurance and deductibles: the right to obtain a summary showing the deductibles and scope of coverage; the possibility of withdrawing if the risks or deductibles are considered excessive.

Useful references:

• RBQ – Verify a contractor’s licence
• OACIQ – Forms and annexes (purchase offers and co-ownership)

3) The syndicate’s financial health and Bill 16: clauses to protect you

In a co-ownership, you are also buying a share of the common portions and their liabilities. Your purchase offer should allow you to:

• Terminate or renegotiate if the contingency fund is underfunded compared with the recommendations in the most recent study under Bill 16, or if the maintenance logbook/EUC is missing.
• Request the financial statements and any audit report; withdraw if major anomalies appear (chronic deficit, high receivables, deferred expenses).
• Check whether other co-owners have significant arrears. A syndicate may register a legal hypothec for unpaid common expenses, with effects on governance and cash flow (see the Civil Code of Quebec provisions on legal hypothecs).
• Make the purchase conditional on there being no notice of a substantial special assessment, or on the seller assuming responsibility for it if it had already been approved when the offer was made.

For further insight into these issues, also consult:

• RGCQ – Financial best practices in co-ownership
• LégisQuébec – Civil Code of Quebec provisions on common expenses and legal hypothecs

4) Common portions, private portions and work: clarify everything in writing

Your purchase offer should clearly set out, in writing:

• The exact numbers and rights associated with the parking space and storage area (private portions or exclusive use of common portions), as shown in the declaration of co-ownership and certificate of location.
• The condition and age of the equipment in the unit (water heater, air conditioner, intercom), including an obligation to replace it preventively if required by the by-laws of the immovable.
• The seller’s disclosure of any recent loss affecting the unit or the common portions serving it (e.g., water riser, roof, facade), and the repairs carried out (invoices, warranties, permits). Verify that all major work was performed by RBQ-licensed contractors.
• The permitted and prohibited uses specific to the unit (pets, rentals, flooring, BBQs, smoking), as set out in the declaration of co-ownership and by-laws.
• The included and excluded items (appliances, light fixtures, accessory balconies and terraces), and their condition.

5) Deadlines, an upcoming general meeting and unforeseen events: plan for them

• Reasonable deadlines: set deadlines for delivering the documents, completing the inspection, obtaining financing and having the notary review everything. Allow a short automatic extension if the syndicate is slow to respond.
• Upcoming meeting: if an annual general meeting or special meeting has been announced, include a clause allowing you to wait for the vote that could result in a special assessment or an amendment to the by-laws, with a right to withdraw if the impact is substantial.
• Board approvals: certain requests (e.g., installing an electric vehicle charging station, modifying partitions or keeping pets) require the approval of the board of directors. Include an express condition requiring that written authorization be obtained.

Examples of useful clauses (wording to adapt with your broker or notary)

Here is a non-exhaustive checklist to discuss with your professional. The exact wording must follow the OACIQ forms and your notary’s advice.

Practical tips for effective negotiations

• Use a checklist and allow 7 to 15 business days for your conditions. Adjust the time frame according to the complexity of the file.
• Specifically request the last three to five sets of minutes from annual general meetings; they often reveal upcoming projects and recurring issues.
• Compare the contingency fund level with the recommendations in the latest study. A significant gap often justifies renegotiation.
• Request a copy of insurance claims from the last 3 years, if possible.
• If major work was done in the unit, require the invoices and verify the contractor’s RBQ licence.

Useful internal resources:

• Discover our management services (administrative, financial and operations)
• Our packages, designed for syndicates in the Greater Montreal area
• The multiRent blog for more co-ownership guides
• About us

FAQ

Q1. Are the seller and buyer responsible for arrears of common expenses?

A. Under the Civil Code of Quebec, certain obligations related to common expenses follow the fraction; your notary will verify the balances and the syndicate statement before the deed is signed. Include a clause requiring a clear statement and, where necessary, an adjustment at signing.

Q2. Can I withdraw if the contingency fund is insufficient?

A. Yes, if your purchase offer includes a specific condition related to compliance with the recommendations in the contingency fund study or to the availability of the maintenance logbook/EUC. This has been a prudent practice since the requirements related to Bill 16 came into force.

Q3. Should the inspection cover components of the common portions?

A. Ideally, yes, for components that directly serve the unit (e.g., windows, balcony, water riser), subject to the access permitted by the syndicate. Your inspection clause should specify this, as well as the right to renegotiate or cancel if a major issue is discovered.

This article provides general information and does not constitute legal advice. Consult a lawyer or notary regarding your situation.

This article provides general information and does not replace advice from a tax professional or accountant. Refer to Revenu Quebec and the CRA for the exact rules.

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