Buying a home in Québec: the pre-purchase inspection and what your broker must do

• Making an offer: promise to purchase, counter-proposals and the notary

• Receiving a promise to purchase: options, deadlines and conditions

A real estate agent (broker) working with a buyer must advise according to the client’s needs, protect personal and strategic information, defend the client’s interests and inform objectively.

The broker must explain the clauses of every form the client signs and how to assess the services provided. They must also inform the parties of any factor they know that may adversely affect buyers, sellers or the transaction itself.

The broker must recommend a pre-purchase inspection. This duty to recommend an inspection does not mean the cited article makes the inspection mandatory for the buyer.

The broker may provide a list of professionals or building inspectors, provided it contains more than one name. Thomas can introduce several inspectors from his network.

• Meet several inspectors from Thomas’s network

When recommending a professional, the broker must ensure that the person carrying out the inspection meets all four requirements in section 81 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising.

• Hold professional liability insurance against faults, errors or omissions.
• Use a recognized inspection service agreement.
• Follow recognized building inspection practice standards.
• Provide a written report.

The seller completes the “Déclarations du vendeur sur l’immeuble” form from their knowledge of the property, with their broker. The source compares it to the property’s résumé.

A buyer should read it before completing an offer to purchase. A copy goes to the building inspector and the mortgage lender. The broker must inform the parties of known factors that may adversely affect them or the transaction.

• Seller declarations and disclosure duties

A defect is considered latent (vice caché) when all these conditions are met: it existed at the time of purchase, it was unknown to the buyer, it was not apparent, and it was so serious that, had the buyer known, they would probably not have bought or would have asked for a lower price.

• Read the guide to selling without legal warranty

The OACIQ developed mandatory or recommended forms. The most common for a buyer are the buyer brokerage contract and the offer to purchase form, in versions for a building of fewer than five units or co-ownership.

Your broker must explain the clauses of every form you sign. The OACIQ also publishes a buyer’s guide.

• Find OACIQ resources and its buyer’s guide

According to the OACIQ, a broker in Quebec is obligated to recommend a building inspector or professional for a pre-purchase inspection. This professional must hold professional liability insurance, use a recognized service agreement, conduct inspections in accordance with accepted practice standards, and provide a detailed written report. The OACIQ has concluded recognition agreements with several building inspector organizations to ensure these criteria are met.