As of January 10, 2020, the Civil Code of Quebec stipulates that despite any agreement to the contrary (specially in the preliminary contract), any deposit paid to a builder or a promoter for the purchase of a fraction of an immovable under divided co-ownership must be fully protected by one or more of the following means: a guarantee plan, insurance, a suretyship or a deposit in a trust account of a member of a professional order determined by government regulation. It is therefore possible to use them, but in compliance with this provision.

For more information contact our real estate law team: https://cainlamarre.ca/en/expertise/real-estate-law/