The buying of undivided co-ownerships is getting more popular in Montreal, specially in the Plateau area. And it’s quite understandable why. There are advantages over the divided co-ownership (condo), specially when talking about Condo fees.
When buying the undivided, this is an important piece of information to have, both for real estate agents, as well as buyers:
“A real estate broker or agent entrusted with the sale of a co-owner’s share in an undivided co-ownership property must know that the other co-owners have the right to exclude a potential buyer.
In this regard, it is important first to take a look at the indivision agreement that governs the relationship between co-owners. These agreements often require that a co-owner offer his share to the other co-owners before offering it to a third party, or provide for the other co-owners to be able to match the third party’s offer for this share, following the terms of the agreement. A seller who decides to ignore these terms exposes himself to legal action and potential liability for damages.
(…) Whether resulting from the indivision agreement or the Civil Code of Québec, it is important that the seller and any potential buyer be informed of the rights of the other co-owners and their impact on the transaction under consideration. In order to minimize the risks, it is recommended that a waiver of this right be obtained from the other co-owners as soon as the brokerage contract is taken up. This waiver should be drawn up by a lawyer. If it is not known whether such a waiver exists, it is suggested to make any promise to purchase conditional to the seller providing copy thereof to the buyer.”
Source : ACAIQ. Read the original article
Posted by: Deya Bautista - Real Estate Broker working as part of the McGill Immobilier team. Specializing in high end condos in downtown and Old Montreal. For buying or selling contact Deya at: 514.917.7889 
As with all of your posts, this is very informative. I have stopped by once or twice before, but this time I had to leave a comment to say what a great site this is. More sites need to offer the level of professional information you provide.
Hello Stacey, and welcome!
I have also checked your very informative blog. It’s nice to hear the reader’s feedback. Thanks for your kind remakrs.
Will be visiting your again!
very interesting, but I don’t agree with you
Idetrorce
idetrorce,
what do you mean you don’t agree… that is the Law in Quebec… :)
Wow, the real estate law is different in Montreal (from Orlando, Florida). I would also think that divided co-ownerships might be more popular here than the undivied ones. Thanks!