A real estate broker is listing a commercial building in Montréal for $1,200,000. The owner informs the broker that the ground floor is leased to a tenant who runs a bookstore, and the lease is registered at the Québec Land Register. How does the registration of this lease affect the rights of a potential buyer?

Question: A real estate broker is listing a commercial building in Montréal for $1,200,000. The owner informs the broker that the ground floor is leased to a tenant who runs a bookstore, and the lease is registered at the Québec Land Register. How does the registration of this lease affect the rights of a potential buyer?

Answer options: ✅ The buyer will be bound by the registered lease, as it is a real right opposable to third parties.

• The registration of the lease has no impact; only hypothecs confer real rights.
• The buyer can terminate the lease upon acquiring the property, regardless of registration.
• The registration gives the tenant a right of first refusal to purchase the building.

Correct answer: The buyer will be bound by the registered lease, as it is a real right opposable to third parties.

Explanation: While a lease is generally a personal right, Article 1455 of the Civil Code of Québec states that a published (registered) lease of an immovable confers a real right that is opposable to third parties, including a subsequent purchaser. The buyer would be bound by the terms of the registered lease.