Sophie, a real estate broker, is preparing a listing for a property in Gatineau where the owner, Mr. Dubois, holds only the usufruct on the immovable. Mr. Dubois wishes to sell the property outright, including the bare ownership. What must Sophie advise Mr. Dubois regarding this sale?

Question: Sophie, a real estate broker, is preparing a listing for a property in Gatineau where the owner, Mr. Dubois, holds only the usufruct on the immovable. Mr. Dubois wishes to sell the property outright, including the bare ownership. What must Sophie advise Mr. Dubois regarding this sale?

Answer options: ✅ Mr. Dubois cannot sell the immovable in full ownership without the bare owner's consent or participation.

• Mr. Dubois can sell the immovable in full ownership, as usufruct includes the right to dispose of the property.
• Mr. Dubois can sell his usufructuary right, but the buyer will only acquire usufruct, not full ownership.
• Mr. Dubois needs to obtain a court order to convert his usufruct into full ownership before selling.

Correct answer: Mr. Dubois cannot sell the immovable in full ownership without the bare owner's consent or participation.

Explanation: According to Article 1120 of the Civil Code of Québec, usufruct is the right to use and enjoy property belonging to another. The usufructuary (Mr. Dubois) does not have the right to dispose of the property itself (the bare ownership). Therefore, he cannot sell the immovable in full ownership without the bare owner's involvement.