Quebec Real Estate Licensing Exam Practice · Question
Benoît, a potential assignee, approaches Marc, a buyer who has an accepted Promise to Purchase for a cottage in Trois-Rivières. Marc wishes to assign his rights under the Promise to Purchase to Benoît. What is generally required for a valid assignment of a Promise to Purchase?
While Article 1637 of the Civil Code of Québec allows for the assignment of rights, the OACIQ Promise to Purchase form typically includes a clause requiring the
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Question: Benoît, a potential assignee, approaches Marc, a buyer who has an accepted Promise to Purchase for a cottage in Trois-Rivières. Marc wishes to assign his rights under the Promise to Purchase to Benoît. What is generally required for a valid assignment of a Promise to Purchase?
Answer options:
- Only the consent of the assignor (Marc) and the assignee (Benoît) is required.
- The assignment requires notice to the seller, but not necessarily their consent. ✅ The assignment typically requires the prior consent of the seller.
- An assignment of a Promise to Purchase is prohibited under Québec law.
Correct answer: The assignment typically requires the prior consent of the seller.
Explanation: While Article 1637 of the Civil Code of Québec allows for the assignment of rights, the OACIQ Promise to Purchase form typically includes a clause requiring the seller's prior written consent for any assignment of the buyer's rights, making this a common and practical requirement.
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