DOCS 1 Flashcards

(20 cards)

1
Q

Question 1

You are bound by an exclusive brokerage contract for the sale of an immovable (BCG) with Louis for the sale of his commercial building. He told you that his price was negotiable. The buyers, Léo and Léa, who are not represented by a real estate broker, have a fairly tight budget and they would like to submit a promise to purchase on Louis’ building.

What advice will you give the buyers?

1 Make a promise to purchase (PPG) without a quality guarantee as this ensures a lower price.

2 Make a promise to purchase (PPG) below market value because the seller has mentioned that the price is negotiable.

3 Make a promise to purchase (PPG) of their choice because you cannot advise them on the price.

4 Make a promise to purchase (PPG) below market value as a starting offer.

A

3 Make a promise to purchase (PPG) of their choice because you cannot advise them on the price.

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2
Q

Q2 You are a self-employed commercial real estate broker, and the regulations require that you fill out certain registers.

Which of the following registers do not need to be filled out?

A. Register of sums held in trust
B. Register of brokerage contracts
C. Register of brokers
D. Register of notices of disclosure

A

C. Register of brokers ✅

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3
Q

Question 3
You are the seller’s broker for the sale of an office building. It is February 13, 20xx. Here is a summary of your day so far:

  • 11 a.m.: A broker (A) sends you an appointment request that you confirm for the following day at 7 p.m.
  • 11:15 a.m. A second broker (B) calls you for an appointment tonight that you confirm for tonight at 7 p.m.
  • 5 p.m.: Another broker (C) calls you and tells you that their clients have just signed a promise to purchase (PPG) for the immovable and would like an appointment to submit it.

Following the call from broker (C) above, what is your professional response to brokers A and B?

1 You notify brokers (A) and (B), but only if they made a specific request that they wanted to be in collaboration mode.

2 You do not notify brokers (A) and (B) because you are not in collaboration mode with them.

3 You wait until the promise to purchase (PPG) is submitted before notifying them because the seller is in a hurry.

4 You immediately notify brokers (A) and (B) that a promise to purchase (PPG) exists because you are in collaboration mode with them.

A

4 You immediately notify brokers (A) and (B) that a promise to purchase (PPG) exists because you are in collaboration mode with them.

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4
Q

Q4 – OACIQ mission

Question:
What is OACIQ’s main mission?
A. Advise the Minister of Finance
B. Protect brokers and agencies
C. Provide continuing education
D. Protect the public

A

D. Protect the public ✅

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5
Q

Question 5

You are a real estate broker and have an appointment with Louise and Marc to sign an exclusive brokerage contract (BCG) for the sale of their six-unit condo. However, they are reluctant to agree to a 4% commission. You offer to reduce your commission to 3% if the buyers are not represented by another real estate broker.

What are the essential elements of the standard clause you will need to draft?

1 Reducing the commission is prohibited in all cases.

2 The commission will be reduced to 3% even if another broker wants to submit a promise to purchase.

3 The commission will be reduced to 3% in all cases because you work in the best interests of the seller.

4 The commission will be reduced to 3% if the buyers are not represented and there are no other competing promises to purchase.

A

4 The commission will be reduced to 3% if the buyers are not represented and there are no other competing promises to purchase.

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6
Q

Question 6

You are a residential real estate broker, and a few months before, you signed an exclusive brokerage contract (BCG) for the sale of an industrial building. In the past few months, you have received two promises to purchase (PPG), which the seller turned down. You have two appointments scheduled for the following weekend. You now want to purchase this building yourself and want to submit a promise to purchase (PPG) to the seller.

Which of the following statements represents your obligations in this situation?

1 Have the seller sign a notice of disclosure and submit your promise to purchase at the same time as the next two meetings to ensure fair treatment for the buyers.

2 Inform the seller that you could continue to represent them, if they wish, and submit your promise to purchase before the two scheduled meetings.

3 Terminate your brokerage contract with the seller before submitting your promise to purchase. At the next two scheduled meetings, the collaborating brokers will be able to provide the seller with fair treatment regarding their promises to purchase, if applicable.

4 Wait until after the meetings and there is no interest in the property before terminating your brokerage contract with the seller to submit your promise to purchase with a notice of disclosure.

A

4 Wait until after the meetings and there is no interest in the property before terminating your brokerage contract with the seller to submit your promise to purchase with a notice of disclosure.

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7
Q

Question 7
You are a real estate broker about to sell a property that you own.

In these circumstances, what are your obligations to the buyer?

1 You don’t have to do anything.

2 Provide a notice of disclosure and inform the buyer that you are acting personally, and that the liability insurance offered by FARCIQ is not applicable unless the buyer is represented by another broker.

3 Provide a notice of disclosure before any undertaking.

4 Provide a notice of disclosure and notify the buyer that you have a direct connection to the transaction.

A

2 Provide a notice of disclosure and inform the buyer that you are acting personally, and that the liability insurance offered by FARCIQ is not applicable unless the buyer is represented by another broker.

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8
Q

Question 8
You are selling your sister’s commercial building.

How should you proceed?

1 You must have the notice of disclosure signed by the buyer before any contractual undertaking.

2 You must notify any buyer by having them sign the notice of disclosure after submitting a promise to purchase (PPG).

3 You must sign an exclusive brokerage contract for purchase (BCP) with any unrepresented buyer to ensure you receive a commission in order to be covered by liability insurance.

4 You must inform any unrepresented buyer that they have the option to be represented by a broker of their choice, and have the buyer sign the notice of disclosure prior to any contractual undertaking.

A

4 You must inform any unrepresented buyer that they have the option to be represented by a broker of their choice, and have the buyer sign the notice of disclosure prior to any contractual undertaking.

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9
Q

Question 9
Jacob, the seller’s real estate broker, receives a call from Philippe, the buyer’s real estate broker, informing him that he has a promise to purchase (PPG) for the immovable listed by Jacob. Jacob had a run-in with Philippe in the past, and does not want him to be there when he submits the promise to purchase (PPG) to the seller.

Which of the following statements is true?

1 Jacob demands that Philippe give him the promise to purchase (PPG) so he can submit it to the seller.

2 Jacob’s client cannot refuse Philippe his right to submit his promise to purchase.

3 Only Jacob’s client can refuse to have Philippe present by written authorization.

4 Only Jacob’s client can refuse to have Philippe present.

A

3 Only Jacob’s client can refuse to have Philippe present by written authorization.

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10
Q
A
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11
Q

Question 10
You are the seller’s broker. The seller has just accepted an enhancement and a promise to purchase (PPG) from the buyer along with a down payment cheque of $10,000.

What documents must be included in the transaction file?

1 The promise to purchase (PPG) and a copy of the trust account receipt.

2 The promise to purchase (PPG) and a copy of the down payment cheque.

3 The promise to purchase (PPG), the enhancements (EA) form, a copy of the cheque and a copy of the trust account receipt.

4 The promise to purchase (PPG) and the enhancements form (EA).

A

3 The promise to purchase (PPG), the enhancements (EA) form, a copy of the cheque and a copy of the trust account receipt.

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12
Q

Question 11

Louis Tremblay has listed his property for sale on Kijiji without an intermediary. You submitted a promise to purchase (PPG) to him, which he accepted. You informed him verbally that you were a real estate broker, but you did not have him sign the notice of disclosure provided for in section 18 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising (RBR).

What are the potential consequences of this?

1 There would be no consequence because it is a sale without an intermediary.

2 The seller could render your promise to purchase (PPG) null and void.

3 There are no consequences because the seller accepted the promise to purchase and can no longer benefit from recourse under section 18 of the RBR.

4 The seller could render your promise to purchase (PPG) null and void subject to a penalty.

A

2 The seller could render your promise to purchase (PPG) null and void.

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13
Q

Question 12
You are a self-employed broker, and you know you need to keep five different registers.

Name four.

1 Register of sums held in trust, register of notices of disclosure, register of reporting of remuneration, and register of transactions.

2 Register of brokerage contracts, register of transactions, register of sums held in trust, and accounting register.

3 Register of brokers acting on behalf of the agency, register of brokerage contracts, register of sums held in trust, and accounting register.

4 Register of transactions, register of brokers acting on behalf of the agency, register of notices of disclosure, and register of brokerage contracts.

A

2 Register of brokerage contracts, register of transactions, register of sums held in trust, and accounting register.

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14
Q

Question 13
The corporation 1234-5678 Québec inc. wishes to sign a brokerage contract with you for the purchase of a commercial immovable. In the Registraire des entreprises du Québec (REQ), you notice that there is mention of the existence of a unanimous shareholder agreement.

Is this information important in your professional actions related to the verification of legal capacity?

1 Yes, but only to the extent that the representative of the company provides you with a copy; otherwise it is not binding on you as a real estate broker.

2 Yes, this unanimous agreement could remove one or more powers from the Board of Directors and change the authorized signatory in your brokerage contract.

3 No, the representative of a company is still the authorized signatory named in the resolution of the Board of Directors

4 No, this unanimous agreement is a private contract that establishes internal rules among shareholders only.

A

2 Yes, this unanimous agreement could remove one or more powers from the Board of Directors and change the authorized signatory in your brokerage contract.

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15
Q

Question 14
While preparing for an appointment with potential clients who want to sell their six-unit condo, you consult the land register for the lot number entered in the assessment roll for Ville de Laval.

Using this index of index of immovables, name two documents that you are able to review.

1 The certificate of location and the cadastral plan.

2 The title and certificate of location.

3 The title and deed of hypothec.

4 The certificate of location and the deed of hypothec.

A

3 The title and deed of hypothec.

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16
Q

Question 15
You are now a self-employed commercial real estate broker. You plan to join a real estate agency the following month.

What professional actions should you carry out in anticipation of this change in practice?

1 Inform OACIQ and inform all your active clients of the change so that they can choose between following up with the real estate agency or terminating their contracts with you.

2 Inform OACIQ only.

3 Inform OACIQ and inform your active sales clients only that in one month they will be linked to the real estate agency you will be joining.

4 Inform all your active clients that their brokerage contracts will be automatically terminated in one month.

A

1 Inform OACIQ and inform all your active clients of the change so that they can choose between following up with the real estate agency or terminating their contracts with you.

17
Q

Jules Massicotte has just received his commercial real estate broker licence from OACIQ. He wants to make a good impression as he begins his career. Jules works for Les Immeubles Supra inc., a real estate agency located at the following address: 222 Bélair Street, Quebec, H2H 2D2. His cell number is 444-222-3333. His email address is: jmassi@supra.ca. His website is: www.jmassi.ca.

Design a business card for Jules. In parentheses, indicate which information is mandatory under the regulations.

A

Jules Massicotte (Mandatory)

Commercial Real Estate Broker (Mandatory)

Les Immeubles Supra inc. (Mandatory)

222 Bélair Street, Quebec, H2H 2D2 (Mandatory)

Phone number/email/website (Optional)

18
Q

Question 17
1234-5678 Québec inc. has only one asset, a single immovable occupied by three tenants, which are all businesses. Jean, Paul and Joseph are the shareholders of 1234-5678 Québec inc. Paul is the sole director of the company. Paul calls you to sign a brokerage contract for the sale of this immovable.

What do you need in your file in terms of documents or information to confirm your client’s identity and legal capacity? Justify your answer.

A

Documents / information required:

REQ extract + board resolution + unanimous shareholder agreement (if any) + Paul’s photo ID — to confirm the corporation exists and that Paul is authorized to sign for it.

REQ extract to confirm the company exists and that Paul is the director
Board resolution authorizing Paul to sell the immovable and sign the brokerage contract
Verification of any unanimous shareholder agreement, to ensure Paul’s powers are not restricted
Official photo ID to confirm Paul’s identity
Why:
To verify the legal existence of the corporation and that the person signing has the authority and capacity to bind the company.

_____________________________________________________________

Signature required: Dominic only
Why:
Dominic is the sole legal owner of the six-unit condo. Common-law partners do not have ownership rights like married spouses, and the parental union law does not apply yet (it only applies once a child is born after June 30, 2025).
➡️ Therefore, only the owner’s signature is legally required on the brokerage contract.

Since the client is a corporation 1234-5678 Quebec inc., I have to make sure the company really exists and that the person signing (Paul) has the legal authority to do so.

REQ extract:
I’d get a recent extract from the Registraire des entreprises du Québec to confirm that the company is active and that Paul is indeed the only director. This confirms the company’s legal existence and who has the right to act for it.
Board resolution:
Even if Paul is the sole director, I’d ask for a resolution of the board authorizing him to sign the brokerage contract and sell the immovable. That’s my written proof that he’s acting with proper authority.
Unanimous shareholder agreement:
Since the REQ mentions that there are shareholders (Jean, Paul, and Joseph), I’d check if there’s a unanimous shareholder agreement. If there is one, I need to verify that it doesn’t limit Paul’s powers to sign on behalf of the company.
Identification:
Finally, I’d verify Paul’s identity with an official photo ID (driver’s licence or passport) to confirm that the person signing is really him.
summary:
My file should include the REQ extract, the board resolution, confirmation about any shareholder agreement, and a copy of Paul’s ID.
That way, I’ve verified both the legal capacity of the company and the authority and identity of the person signing for it — which are required by the OACIQ rules.

19
Q

Dominic and Mélanie have been common-law partners since 2013. They began living together in a rented apartment in Montréal. Over the years, they decided they wanted to buy. However, in 2016, Mélanie’s credit rating was not optimal, so Dominic bought the six-unit condo on his own; the couple lives in one of the apartments. With the arrival of their first child in the coming months, they would like to sell the six-unit condo and use the funds to buy a home. Dominic and Mélanie want to hire you as a residential real estate broker to sell the six-unit condo.

Based on this information, explain which signature(s) you need on your brokerage contract and why.

A

No.
Josée’s signature is not required because the building is a rental property, not the family residence, and Claude is the sole owner. Only the owner must sign the brokerage contract.
___________________________________________________________________

Since Dominic bought the six-unit condo in his own name, he’s the only legal owner. Normally, that means only Dominic’s signature is required on the brokerage contract for the sale.

However, because Dominic and Mélanie are common-law partners and are about to have a child, the new parental union law coming into effect in Québec (June 30, 2025) could give Mélanie certain rights related to the family residence. If the baby is born after that date, they’ll automatically be covered under this new regime, which gives protections similar to married couples for family property.
So even though Dominic must sign as the owner, I’d also make sure Mélanie is informed of the sale and, ideally, have her acknowledge or consent in writing—especially since they live in the property and it’s their main residence. This helps protect everyone and keeps things transparent if the new parental union rules apply later.

summary:

Signature required: Dominic (owner)
But I’d also involve Mélanie for transparency and because of the new family-law changes that may give her rights once the child is born.

20
Q

Q 20
In mid-December 20XX, you receive a call from Bryan Gates. He informs you that his brother, Josh, passed away a few months before. Bryan found your business card in his brother Josh’s documents and is contacting you because he wants to sell a commercial building that he just inherited from his brother. His brother Josh left a last notarized will in minutes in which he bequeathed all his movable and immovable property to Bryan. Bryan also informs you that the settlement of the estate by notary Mtre Prudent has been completed, so he is ready to sell. Saddened by the situation, because Josh was one of your good clients, you offer your condolences to Bryan and give him an appointment to sign a brokerage contract for the sale of an immovable (BCG).

In preparation for this appointment, you consult the land register. You are looking for a specific document to confirm that the settlement of the estate is complete and that Bryan has the authority to sell the immovable. What is this document and what information are you looking for in this document?

A

If you see:
Death
Inheritance
Estate settled
Heir wants to sell
👉 Automatic answer: Declaration of transmission

answer: Declaration of transmission — confirms the property is registered in the heir’s name and that he has the legal right to sell.

I need to find the declaration of transmission in the land register. This document shows that the property has officially been transferred from Josh Gates (the deceased) to Bryan Gates (the heir).

When I check it, I want to make sure that:

The property is clearly identified;
The declaration is registered in Bryan’s name;
The registration date and number appear;
And that Bryan is now shown as the new owner.
Once I confirm that, I’ll know the estate has been settled and that Bryan has the legal right to sell the building.