The right of undivided co-owners to exclude a potential buyer

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