Residential property closings
Buying or selling a home is one of the most significant financial decisions most people make in their lifetime. At Best Estate Law Group, we guide you through every step of the closing process under Quebec civil law, ensuring that your rights are protected and that the transaction proceeds without unnecessary delays.
Our residential closing service begins with a thorough review of the offer to purchase (promesse d'achat). We verify that all conditions — financing, inspection, and any special clauses — are properly drafted and enforceable. We then conduct a comprehensive title search at the Land Registry Office to confirm that the seller has clear title, that there are no undisclosed liens, hypothecs, or encumbrances, and that the property boundaries match the cadastral plan.
- Drafting and reviewing the offer to purchase and counter-offers
- Full title examination and title opinion letter
- Coordination with your mortgage lender for fund disbursement
- Preparation of the notarial deed of sale
- Calculation of adjustments (municipal taxes, school taxes, utilities)
- Registration of the deed at the Land Registry Office
- Post-closing document delivery and key release
Commercial real-estate transactions
Commercial property deals involve layers of complexity that residential transactions typically do not. Whether you are acquiring a retail plaza, negotiating a long-term office lease, or developing a mixed-use project, our commercial real-estate lawyers bring the analytical rigour and negotiation skill needed to protect your investment.
We begin every commercial engagement with a detailed due diligence review. This includes examining zoning by-laws and municipal permits, reviewing existing leases and tenant estoppel certificates, assessing environmental compliance (including Phase I and Phase II reports when warranted), and analysing any servitudes or rights of way that could affect the property's use or value.
Our team also advises on the corporate structure of the acquisition — whether purchasing through a holding company, a limited partnership, or a trust — to optimise tax efficiency and liability protection. We coordinate with accountants, appraisers, and lenders to ensure that every aspect of the deal aligns with your business objectives.
- Zoning, permit, and land-use due diligence
- Lease review, negotiation, and tenant correspondence
- Environmental risk assessment coordination
- Corporate structuring and signing authority verification
- Closing documentation and post-closing registrations
- Ongoing retainer for portfolio management advice
Title searches and mortgage documentation
A clean title is the foundation of any secure property ownership. Our title search service examines the complete chain of ownership recorded at the Quebec Land Registry, identifies any hypothecs, legal hypothecs (construction liens), servitudes, or other encumbrances, and provides you with a written title opinion letter summarising our findings and any risks.
If a defect is discovered — such as an unpaid prior hypothec, a missing discharge, or an irregularity in a previous transfer — we work to resolve it before closing. In many cases, title insurance can be arranged to cover residual risks, and we coordinate directly with the insurer on your behalf.
On the mortgage side, we prepare and register the hypothecary deed (acte d'hypothèque) required by your lender, ensure compliance with the lender's solicitor instructions, and handle the disbursement of mortgage funds. Our familiarity with the requirements of major Canadian banks and credit unions means fewer delays and a smoother path to closing.
- Comprehensive title search at the Land Registry Office
- Written title opinion letter with risk assessment
- Resolution of title defects and missing discharges
- Title insurance procurement and coordination
- Hypothecary deed preparation and registration
- Lender solicitor instruction compliance
Property dispute resolution
Even the most straightforward property ownership can give rise to disputes. Boundary disagreements with neighbours, encroachments, easement conflicts, co-ownership disputes, and construction lien claims are common issues that can threaten your property rights and peace of mind. Our litigation team has extensive experience resolving these matters through negotiation, mediation, and, when necessary, court proceedings.
We start by gathering the facts — reviewing survey plans, land registry records, municipal by-laws, and any relevant contracts. We then advise you on the strength of your position, the likely costs and timeline of different resolution paths, and the most strategic approach. Many disputes can be resolved through a well-crafted demand letter or a structured mediation session, saving you the time and expense of a trial.
When litigation is unavoidable, our lawyers are experienced advocates before the Superior Court of Quebec and the Court of Québec. We handle every stage of the proceeding, from filing the originating application through discovery, pre-trial conferences, and trial. Our goal is always to achieve the best possible outcome while keeping legal costs proportionate to the value at stake.
Common disputes we handle include:
- Boundary and encroachment disputes between neighbours
- Servitude and right-of-way conflicts
- Undivided co-ownership partition actions
- Construction lien (legal hypothec) claims and defence
- Hidden defect (vice caché) claims
- Landlord-tenant disputes related to commercial leases
How we work
Our process is designed to keep you informed and in control at every stage. Here is what you can expect when you engage Best Estate Law Group for any real-estate law matter.
Free consultation
We begin with a no-obligation conversation — by phone, video, or in person — to understand your situation, answer your initial questions, and outline the path forward.
Engagement and planning
Once you decide to proceed, we provide a clear written fee agreement and assign a senior lawyer to your file. We create a timeline and checklist tailored to your transaction or dispute.
Execution and communication
We carry out all legal work — searches, drafting, negotiations, filings — and keep you updated at every milestone. You will always have direct access to your lawyer by phone or email.
Closing and follow-up
We finalise the transaction or resolve the matter, deliver all documents, and remain available for any post-closing questions. Your file is securely archived in accordance with professional standards.