Making an offer in Québec: the promise to purchase, counter-proposals and the notary appointment
By Thomas Lymburner, real estate agent (broker), RE/MAX Direct
Key facts
- Your broker uses one of 5 mandatory OACIQ promise-to-purchase forms, depending on the property type.
- New builds from a developer or builder require a preliminary contract instead.
- The promise specifies conditions, an acceptance date and time, and occupancy, adjustment and deed signing dates.
- For late or unsatisfactory documents, written cancellation notice must be given within 7 days after the seller’s deadline expires.
- For an undisclosed defect found before the deed, the seller has 21 days from receiving your written request to confirm the repair or refuse.
- The buyer pays notary fees and transfer duties unless agreed otherwise.
1. Choose the form and understand the commitment
With a promise to purchase, you agree to buy the property at the price and under the conditions in your offer. The seller’s acceptance means they agree to sell, usually subject to conditions such as financing or inspection.
Your real estate agent (broker) must use one of five mandatory OACIQ forms: residential property with fewer than five dwellings, undivided co-ownership, divided co-ownership, mobile home on leased land or public curator. New builds from a developer or builder require a preliminary contract instead.
Thomas walks buyers through each form as part of his practice as a real estate agent; this is not a promise of an outcome.
2. Provide for the deposit, taxes and costs
The deposit goes into the broker’s trust account once the promise is accepted. The form states whether GST and QST apply; the OACIQ page says sales of existing residential property generally do not attract them.
The buyer pays notary fees and transfer duties, also called welcome tax, unless agreed otherwise.
3. Set out the financing condition
The financing clause specifies the maximum interest rate, amortization period and minimum term.
If you do not provide proof of financing by the deadline, the seller may require a new mortgage application with a specific lender within a set time, or cancel the promise. If the seller does neither in time, the promise becomes null.
4. Provide for inspection and document review
The broker must recommend an inspection. You can make the promise conditional on one with a set deadline or waive it by checking a box. The OACIQ page warns that you should understand the implications of waiving.
You can list documents to review and set a deadline for the seller to provide them. If they are late or unsatisfactory, you may cancel by written notice within 7 days after the seller’s deadline expires.
5. Check the seller’s obligations
The seller must deliver the property in the condition it was in when viewed, with agreed inclusions in working order. They provide valid title and a current certificate of location, and proof of spousal consent if it is the family residence.
If you find an undisclosed defect before the deed is signed, you can ask in writing for it to be fixed. The seller has 21 days from receipt to confirm the repair or refuse. If refused, you may cancel.
6. Confirm the dates and sign the promise
Confirm the occupancy date, adjustment date and deed signing date. “To be determined” should never replace a date. All buyers, sellers and spouses must sign.
The seller must accept by the stated date and time or the promise becomes null. Once you sign, you cannot withdraw during the acceptance period.
You may nevertheless cancel before the promise is presented to the seller: a cancellation reaching the seller before the promise makes it null.
7. Understand the last counter-proposal
A counter-proposal is made on the mandatory counter-proposal form. The seller usually responds first, but the buyer can also make one.
Each states a date and time by which the other party must accept. The maker cannot withdraw before that deadline; if it passes without acceptance, the counter-proposal is null. Withdrawal remains possible until it reaches the other party.
A new counter-proposal cancels all earlier ones. The latest must list every inclusion and exclusion not in the original promise. The binding agreement is the original promise as amended by the last counter-proposal only.
8. Fulfil the conditions after acceptance
After acceptance, you must fulfil the conditions: inspection, receiving documentation and mortgage financing, while meeting the deadlines.
You cannot transfer your rights under the promise without the seller’s written consent. If the sale fails through your fault, you must compensate the broker bound to the seller.
9. Prepare for your notary appointment
The notary examines titles and drafts the deed of sale and deed of loan. They verify that the seller truly owns the property and has the right and ability to sell, whether a spouse or another person must consent, that lot measurements are accurate and whether rights of way exist.
If the purchase is financed, you must show evidence of a home insurance policy covering at least the mortgage amount.
The notary registers the transaction in the land register, making ownership and the lender’s mortgage rights public.
Frequently asked questions
It commits you to buy the property at the price and under the conditions in your offer. Acceptance commits the seller to sell, usually subject to conditions such as financing or inspection. The broker uses the mandatory OACIQ form for the property type; new builds from a developer or builder require a preliminary contract.
Once you sign, you cannot withdraw during the acceptance period. You may nevertheless cancel before the promise is presented to the seller: a cancellation reaching the seller before the promise makes it null. After acceptance, the conditions and their deadlines apply.
A reply made on the mandatory form, usually by the seller first, although the buyer can also make one. It sets an acceptance date and time. A new counter-proposal cancels earlier ones; only the original promise as amended by the last counter-proposal binds the parties. The latest must list every inclusion and exclusion not in the original promise.
If you do not provide proof of financing by the deadline, the seller may require a new application with a specific lender within a set time, or cancel the promise. If the seller does neither in time, the promise becomes null. The clause specifies the maximum interest rate, amortization period and minimum term.
The notary examines titles, drafts sale and loan deeds and verifies the seller’s ownership, right and ability to sell, required consents, lot measurements and rights of way. They register the transaction in the land register, making ownership and mortgage rights public. For a financed purchase, you must prove home insurance covering at least the mortgage amount.
The buyer pays notary fees and transfer duties, also called welcome tax, unless agreed otherwise. See the Gatineau welcome-tax guide for that topic.
Sources
- OACIQ — Buyer’s guide: The Promise to purchase — Pages consulted October 19, 2026; the OACIQ pages show no publication date.
- OACIQ — Buyer’s guide: The Counter-proposal — Pages consulted October 19, 2026; the OACIQ pages show no publication date.
- OACIQ — Buyer’s guide: Your appointment at the notary’s — Pages consulted October 19, 2026; the OACIQ pages show no publication date.
General information only. This guide is not legal advice; consult a notary or lawyer.