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estate agent, or the severity of the formalism of law Hoguet

Failing entry in the register of mandates and carry the registration number on the copy submitted to the principal The offer of sale made by a real estate pursuant to a warrant illegally does not bind the seller.

Cass. civ 3, 8 April 2009, FS-P + B, No. 07-21610

Respect for the law Hoguet No. 70-9 of January 2 1970 should not be taken lightly by real estate professionals.

In this case, an individual had accepted an offer to sell issued by a real estate agency.

Seller recanted, claiming invalidity of the mandate given to his agency.

Under Article 6 of Law Hoguet, the mandate must meet the formal requirements for its implementing decree and in particular the reference to the Convention on the register of mandates and the deferral registration number on the copy submitted to the principal.

If no valid warrant, the agent was without power and the offer made by the Intermediate was not binding on the principal. Acceptance issued by the acquirer was not able to form sale.

formalism attached to the mandate of the estate agent can be a tool for the indecisiveness of the seller.

Much to the chagrin of real estate agents have already been judged recently by the Supreme Court that the doctrine of ostensible authority can to defeat the mandatory provisions of law Hoguet demanding the conclusion of a written statement relating to special provisions (Cass. civ. 1st January 31, 2008 No. 05-15774)

Traditionally, the theory of ostensible authority can declare the principal hired since the belief of others to the extent of powers of attorney is legitimate.

Small consolation for the real estate agent in another area, the Court of Cassation also held that even if it is not liable for the commission, the buyer whose wrongful conduct has lose it to the realtor, through whom he was related to the vendor who had appointed shall, on the basis of tort, repair such salesperson's injury (Cass. Ass. Plen., May 9, 2008, No. 07-12449)

Yann Gallon - Lawyer

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The equal partnership, when everything goes wrong ...

The doctrine of abuse of equality is of no help in case of refusal of shareholder to vote in equal remuneration of the manager.

Cass. com. March 31, 2009, FS-D, No. 08-11860

family companies are often the seat of intractable conflicts.

Especially when, as here, the two other partners in addition co-managers chose an egalitarian distribution of shares!

Such a distribution requires them to agree or separation: what is the ideal goal of such an assembly.

In disputed cases, there is little alternative but to paralysis judicial dissolution of the company.

The Court of Cassation rejected the appeal to the doctrine of abuse equality.

In this case, one of two joint members refused to vote the increase in management fees.

The Court held that such an attitude was not an abuse of equality, malice can not be presumed and not enough in itself to establish the abuse of voting, since the case law requiring a leading decision of 15 July 1992 that the attitude of the partner is contrary to the interests of society in that it would prohibit the implementation of a key for it.

The Court of Cassation also recalls that, assuming the abuse of equality established, the judge may fix the remuneration by replacing the relevant social agencies.

Judge can only appoint a representative ad hoc committee representing the shareholders opposed or failed at a new assembly.

Yann Gallon - Lawyer

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The setting aside of profits in case of dismemberment of ownership of securities is she an indirect gift?

The setting aside of systematic profits of a company whose securities are dismembered she is an indirect gift ?

This is what you want to argue the tax by submitting an adjustment to the bare ground to own the securities of a civil society family.

The Court of Appeal of Lyon was held in a decision dated October 16, 2007 that the reservation profits systematically characterized in effect a renunciation of the usufructuary to understand the benefits. However, this does by no means a characteristic " irrevocable divestiture.

Gold for there donation, Article 894 of the Civil Code provides that an "irrevocable divestiture" the property of the donor must be found which must be added for a liberal and an acceptance by the beneficiary.

In the case of the reservation benefits, the ordinary general meeting provides the donor may decide at any time of dividend distributions paid from reserves.

The Court of Cassation upheld in a decision dated February 10, 2009 the solution of the appellate court, that the relief was unwarranted because the life tenant, not losing its rights to the retained income so irrevocable, makes no indirect gift.

Stéphane BERRUCAZ

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Sweet dreams April 30!

You have a few weeks to make your returns before the deadline of April 30. Do not panic! Do not wait until the last minute. Have you received and gathered all your documents? Are you ready to begin your return? Do you have your pencil, your calculator and your forms? Well, keep your documents and put the rest aside and go open the page QuickTax online . Fast, easy, secure and guaranteed maximum reimbursements. What more?

Meanwhile, you can still learn about the deductions for which you and your family are entitled. Well, Here are some: *
Have you done all your deductions?
Most often overlooked are those for charitable donations and medical expenses. During the year, keep all your receipts in one place. And to refresh your memory, see your tax last year. Do not forget to deduct your childcare expenses.

Your children are they sports?
Federally, you can deduct up to $ 500 for sports activities of each child under sixteen years earlier this year, thanks to the tax credit for the condition physically.

Home support for elderly
If you are 70 or older and you still live in your home, you qualify for the refundable tax credit for home support for seniors. It reimburses 30% of the costs of services such as home maintenance, meal preparation or care of a nurse up to $ 4,680 for an autonomous person, and $ 6,480 for a dependent senior . If you live in an apartment, 5% of the cost of rent are also eligible for up to $ 600 in rent per month.

you planning to renovate your home?
Enjoy the new federal tax credit for renovation (HRTC), which will be temporary. It will apply to the Work or property acquired between 27 January 2009 and February 1, 2010 for contracts signed after January 27. The maximum amount is $ 1,350. The provincial tax credit for renovation and home improvement will deduct 20% of construction cost exceeding $ 7,500 up to $ 2,500.

You're self
If you're self-employed, a multitude of expenses are deductible. Notably, a portion of your cost rent or mortgage if you have a home office, your office supplies, the party of your automobile expenses related to work, purchases of computer equipment, communication costs and expenses. Keep all your bills!

fraction of income
If you are retired and receiving benefits from a retirement plan, you can split your income by declaring a part of it on the tax return of your spouse, up to 50 %. Dividing income in this way, the tax rate will be lower than if it is declared in full by the same person. However, it is better meet with a tax professional to determine the percentages better.

Spousal RRSPs
Another way to divide their income while obtaining deductions is the spousal RRSP. Contributing to a spousal RRSP, whichever has the highest income tax deductions obtained. At retirement, this method will balance the incomes of both spouses to pay less tax. Moreover, if one spouse is younger, the money can grow for longer before needing to be removed to the mandatory age of 71.

loans at the rate prescribed
Consult your financial advisor for more information on loans between spouses at the prescribed rate to 1%. They allow the spouse who has the biggest income from lending money to each other to invest. So the spouse with lower income will declare gains on this investment.

capital losses?

year market has been difficult and you have capital losses on your investments? You can apply these losses on your capital gains reported in prior years dating back to 2005 and receive a refund. If you have not made gains in the years past, you can still apply on future earnings.

Sell some titles
By examining your investments with your portfolio manager at the end of the year, it is possible that you find some titles that have fallen. If you are sure not to hold these securities because they are not expected back, you can materialize your losses by selling. You can then apply against gains in the current year or those of a year earlier. You can also redeem these shares after a period of 30 days and the loss will still be recognized, but this operation carries a risk of variation.

Plan Savings Plan II
Investors can withdraw tax benefits of the Stock Savings Plan II. They will get a 150% deduction of the cost of shares acquired, provided to hold these securities for two years. However, keep in mind that taxation should not guide investment decisions. Moreover, it is best to get the deduction REA through investment funds rather than buying individual stocks, so as to reduce the risks inherent in such investments.

Throughout the year, we should ensure that our portfolio manager and the caregiver to communicate our taxes to make decisions that maximize our returns while minimizing tax liability.

* Caroline Rodgers - The Press