Are you working in commercial real estate brokerage?
Commercial real estate brokerage requires specific training and knowledge. This is why we created this section especially for brokers acting in this area of practice. You will find therein several tools, including an FAQ and examples of standard clauses, as well as links to articles relating to your field of practice. Feel free to use or consult them. They will be useful to you in your practice.
FAQ on commercial real estate brokerage
Check the answers to frequently asked questions at Info OACIQ with regards to commercial real estate brokerage.
Articles on commercial real estate brokerage
To read all articles that are directly related to your practice, visit the Library of articles.
Library of articles on commercial real estate brokerage
Working group on commercial real estate brokerage
In order to give commercial real estate brokers a forum where they can exchange on the issues and problems specific to their activity sector, the OACIQ has set up a working group made up of a dozen brokers who work in this area. This group, which meets regularly, has made its mission to find potential solutions to make sure the field evolves with the market.
Learn more about the working group on commercial real estate brokerage
Forms and standard notices
The table below includes all the forms and standard clauses that can be used in various commercial real estate transactions or for the sale of an immovable other than a chiefly residential immovable containing less than five dwellings.
These forms and standard clauses are all available on the InstanetFormsTM platform.
Transaction types
Sale of an immovable (other than a chiefly residential immovable containing less than five dwellings)
Form
Exclusive brokerage contract – Sale – Immovable (BCG)
- Exclusion of warranty for fireplaces, stoves, combustion appliances and chimneys (Clause 1.2)
- Exclusion of legal warranty of quality (Clause 1.3)
- Conforming promise to purchase – Additions to the detailed description sheet (Clause 1.4)
- Designated persons excluded from the brokerage contract for a determined period (Clause type 1.7)
- Standard clauses to make your brokerage contract non-exclusive (Clause 1.8)
- Off the market (Clause 2.1)
- Release and discharge (Clause 6.2)
- Annex RC – Remuneration and Costs
- Annex RCOM - Reduced compensation
- Annex G – General
- Declarations by the seller of the immovable (land and buildings, appurtenances and dependencies)
- Declarations by the seller of the immovable – Divided co-ownership
- Request for information relating to a hypothecary loan
- Request for information to the syndicate of co-owners (adapted)
- Consent to release information by a municipality concerning an immovable
- Income property – Detailed description
- Premises and leases - Detailed listing
- Amendments
Form
Promise to purchase – Immovable (PPG)
- Earnest money agreement (Clause 3.1)
- Insurance commitment (Clause 3.2)
- Lease termination agreement (Clause 3.3)
- Exclusion of warranty for fireplaces, stoves, combustion appliances and chimneys (Clause 3.4)
- Exclusion of legal warranty of quality (Clause 3.5)
- Chimney inspection (clause 3.6)
- Swimming pool inspection (clause 3.7)
- Tank and heating systems inspection (clause 3.8)
- Zoning change or permit (clause 3.9)
- Work to be performed by the seller (Clause 3.11)
- Verification of zoning (clause 3.12)
- Visit by the buyer (Clause 3.13)
- General clause by which a sum is withheld by the notary to guarantee an obligation by the seller (Clause 3.15)
- Inspection to the buyer’s satisfaction (Clause 3.16)
- DB-certified stone (Clause 3.17)
- Acceptance including notification clause (Clause 3.18)
- Property search by the seller (Clause 3.19)
- Obtainment of the certificate of location within the specified time frame (Clause 3.20)
- Radon Measurement Test (Clause 3.21)
- Further inspection (Clause 4.1)
- Price reduction (Clause 4.2 )
- Annex R – Residential Immovable
- Annex – Expert report
- Annex – Drinking water and septic system – Immovable
- Annex F – Financing
- Annex G – General
- Annex L – Income property
- Counter-proposal to a promise to purchase
- Amendments
- Declarations by the seller of the immovable (land and buildings, appurtenances and dependencies)
- Declarations by the seller of the immovable – Divided co-ownership
- Request for information to the syndicate of co-owners (adapted)
- Premises and leases - Detailed listing
- Enhancements prior to acceptance
- Notice and follow-up on fulfilment of conditions – Immovable
- Identity verification
Sale of an enterprise including a commercial immovable
Form
Exclusive brokerage contract – Sale – Immovable (BCG)
- Annex RC – Remuneration and Costs
- Annex RCOM - Reduced compensation
- Annex G – General
- Declarations by the seller of the immovable (land and buildings, appurtenances and dependencies)
- Request for information relating to a hypothecary loan
- Request for information to the syndicate of co-owners (adapted)
- Consent to release information by a municipality concerning an immovable
- Income property – Detailed description
- Premises and leases - Detailed listing
- Amendments
Form
Promise to purchase – Immovable (PPG)
- E1. Purchase of an enterprise
- E2. Summary description of the enterprise
- E3. Selling price and additional conditions
- E4. New loan
- E5. Additional balance of sale price
- E6. Additional declarations of the buyer
- E7. Additional declarations by the seller
- E8. Additional declarations and obligations common to the buyer and the seller
- Zoning change or permit (clause 3.9)
- Buyer's participation in the enterprise's operations (Clause 3.10)
- Verification of zoning (Clause 3.12)
- Annex – Expert report
- Annex – Drinking water and septic system – Immovable
- Annex F – Financing
- Annex G – General
- Counter-proposal to a promise to purchase
- Amendments
- Enhancements prior to acceptance
- Notice and follow-up on fulfilment of conditions – Immovable
- Identity verification
Leasing of a commercial space
Form
Exclusive brokerage contract – Commercial lease (BCC)
- Release and discharge (clause 6.2)
- Annex RC – Remuneration and Costs
- Annex RCOM - Reduced compensation (adapted)
- Annex G – General
Form
Promise to lease – Commercial (PLC)
- Release and discharge (clause 6.2)
- Counter-Proposal – Commercial Lease
- Identity verification
Sale of an enterprise excluding any immovable
Form
Exclusive brokerage contract – Sale of enterprise excluding any immovable (ACAIQ), except clause 11.3 which is inapplicable
- Arbitration clause
- Release and discharge (clause 6.2)
- Annex RCOM - Reduced compensation
- Annex RC – Remuneration and Costs
- Annex G – General
- Amendments
Form
Promise to purchase – Enterprise excluding any immovable (ACAIQ), except clause 11.3 which is inapplicable
- Buyer's participation in the enterprise's operations (Clause 3.10)
- Annex B – Enterprise (ACAIQ)
- Annex F – Financing
- Annex G – General
- Enhancements prior to acceptance
- Counter-proposal to a promise to purchase
- Amendments
- Identity verification
