Real estate disputes and commercial leases

Even in the most complex conflicts, we can adequately advise you so that you can achieve your goal and ensure your success.

If your situation is unusual, our multidisciplinary approach can provide you with a wide range of solutions. We are familiar with specialized areas such as expropriation (opinion concerning expropriation rights, negotiation with the expropriating authority, evaluation of subsequent damages, and representation before the administrative and appeal tribunals); municipal evaluation and regulation (challenge of the property value or rental value or value taking municipal by-laws into account, and representation before the administrative and appeal tribunals); or situations linked to the environment.

How we help you:

Real Estate Transaction: Drafting and negotiation of purchase offers, acts of sale, opinion on title, recourse in execution of the deed and reclamation of real estate agent’s commission.

Commercial Leases: Whether you are a property owner, building manager or tenant, we can negotiate and draft a lease agreement that’s tailored to your company's needs, and with our knowledge of potential sources of conflict, we will help you avoid the courts, or provide you with the upper hand in the event of litigation.

Hypothecary Recourses: We can assist you with the exercise of hypothecary recourses such as taking in payment, private sale or a call for tenders. We can also assist you in negotiating, drafting, and registering real estate securities. Furthermore, we can provide you with information on applicable laws and regulations in the area of real estate law.

Did you know that...

In the absence of any provision to the contrary, a commercial lease does not necessarily expire at the end of its term.

When a seller does not follow up on a purchase offer, you can initiate a recourse for execution of the deed and pre-register this right in the land register for the purpose of preventing the sale of the building to a third party.

An exclusivity clause in a lease held by a lessee in a commercial mall is not valid unless drafted in unambiguous and unequivocal terms. However, the clause is only effective against the lessor and not necessarily against other lessees.

Unless he has a serious reason to do so, a lessor cannot forbid his tenant from subleasing the premises or assigning the lease.

In the event of failure by the lessee to pay the rent, the lessor may go before the Court to force the lessee to deposit the rent with the Court until such time as a final judgment is rendered.