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Quebec Real Estate Licensing Exam Practice · Question

A buyer, represented by broker David, submits a Promise to Purchase for a commercial building in Trois-Rivières. The buyer intends to construct an additional storey. Which specific condition should David advise his client to include in the Promise to Purchase to ensure the feasibility of their project?

To protect the buyer's interest, a commercial Promise to Purchase for such a project must include a condition precedent (a suspensive condition in Quebec Civil

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Question: A buyer, represented by broker David, submits a Promise to Purchase for a commercial building in Trois-Rivières. The buyer intends to construct an additional storey. Which specific condition should David advise his client to include in the Promise to Purchase to ensure the feasibility of their project?

Answer options: ✅ A condition precedent stipulating the buyer's satisfaction with obtaining municipal zoning approval for the additional storey.

  • A condition solely based on a satisfactory building inspection report.
  • A condition requiring the seller to provide a new survey certificate at their expense.
  • A condition stating the buyer's satisfaction with the current tenant's credit rating.

Correct answer: A condition precedent stipulating the buyer's satisfaction with obtaining municipal zoning approval for the additional storey.

Explanation: To protect the buyer's interest, a commercial Promise to Purchase for such a project must include a condition precedent (a suspensive condition in Quebec Civil Law) related to obtaining the necessary municipal zoning approvals for the intended modifications, as articulated in the OACIQ mandatory forms for Promise to Purchase.

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