Collateral victim of the new federal law prohibiting non-Canadians from buying residential buildings, an immigrant family sees their dream of becoming a homeowner turn into a nightmare.
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Anne Boyan arrived in Quebec last April accompanied by her husband and two children, with a work permit in her pocket. Originally from France, she works as a nurse at the CHU de Québec-Université Laval, while her spouse, Pascal Burdin, is a beneficiary attendant at the University Institute in Mental Health.
Tired of paying rent every month and already well integrated into their neighborhood, the little family approached Desjardins to buy a house. Anne Boyan and her husband have set their sights on a semi-detached located close to the school, which they were to take possession of in March.
She had heard of the new federal legislation, but thought it was aimed at large foreign investors speculating in real estate.
“We are not going to speculate! “, said the mother, discouraged.
The couple signs the purchase offer on December 20. The next day, the federal regulation specifying the criteria for applying the law is published.
“When we approached our financial institution to find out if we were eligible, they confirmed that this law did not concern us, we were confirmed in our idea and we embarked on the purchase of a house. They let us inspect the house, sign the offer to purchase, we were granted the mortgage. »
In uncertainty
The couple and the seller tried in vain to find a notary to formalize their contract before the deadline. They have suffered many refusals and now find themselves in uncertainty.
The small family having already informed the owner of their current accommodation of their departure, they may have to find another apartment in a very short time. Anne Boyan fears not finding a roof for her family in the same neighborhood and having to uproot her relatives again.
And they are not the only ones to suffer the consequences of federal laws. The man who sold them the house, Jean-Sébastien Bouchard, also found himself in a gray area.
” I had […] understood that it was to prevent speculation in downtown areas like Toronto, Vancouver, Montreal where foreigners who do not even live here buy condos and houses, do not live there and drive up the market value. Me, I would never have thought that in Pointe-de-Sainte-Foy, my little twin could be affected by this! »
Sold or not?
Despite everything, out of prudence, he had nevertheless consulted the notary of the real estate service Du Proprio and had been reassured. After coming to terms with the Boyan-Burdin family, he made an offer to buy a house. He too finds himself in limbo and fears losing the house he covets.
“I don’t know if my house is sold or not. It embarrasses the sellers of my new house and the buyers of my current house, he laments. The law exists and I have nothing against that, it is the lack of clarity of the law that puts us in a gray area and we are not able to know if it works or not. »
Hundreds of buyers affected
At Desjardins alone, a “hundred of buyers” are affected by the new federal law temporarily preventing non-Canadians from acquiring a residence.
If the legislation entered into force on January 1, the application criteria were not known until December 21.
Since that date, the Quebec financial institution has nevertheless suspended the financing of promises to purchase from its customers who are neither Canadian citizens nor permanent residents. Hundreds of immigrants see their plan to buy a house fail.
Desjardins claims to have accompanied its clients “to the best of its knowledge and by informing them of these uncertainties” in recent months. When the federal law was tabled, there was no question of prohibiting the purchase of property in Canada, underlines the institution’s spokesperson, Chantal Corbeil.
Taken by surprise
“Until December 21, 2022, the criteria had not been communicated by the government. Many of them had hoped that the promises to purchase would be accepted, she insists. Unfortunately, the rules […] does not plan to accept future promises to purchase,” she adds.
The Superior Court must soon rule on the action of a Montreal real estate developer who sold homes under construction to foreign buyers before the new federal law.
“We are awaiting a court decision. [concernant les droits acquis] by the end of January, insists Ms. Corbeil. If a court decision or new legislative intervention clarifies anything, we will be ready to reconsider the position. »
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