What must a home seller disclose in Quebec?
By Thomas Lymburner, real estate agent (broker), RE/MAX Direct
Key facts
- The form is completed with the broker and is an integral part of the brokerage contract.
- It describes the property’s condition and history and is given to interested buyers and their inspector.
- Known defects that could affect the property’s value or use must be disclosed.
- Any death, violent or natural, must be disclosed, even without an effect on appearance, quality or function.
- Listing-sheet information must be verifiable, documented and updated if things change.
- Omitting essential information may make the seller legally liable and lead to action by the buyer.
Receiving a promise to purchase: options and conditions
Pre-purchase inspection and buyer information
What are the seller’s declarations for?
The seller must complete the “Déclarations du vendeur sur l’immeuble” form with their broker. It provides detailed information on the property’s condition and history: year of construction, easements, water damage, soil contamination and renovation work done.
It also covers hazardous substances such as pyrite, radon, asbestos. The form is an integral part of the brokerage contract and must be given to any interested buyer and their building inspector.
Known defects and latent defects: what must be disclosed?
The seller must tell the buyer about any known defect that could affect the property’s value or use.
A latent defect (vice caché) is a non-apparent defect that existed before the sale and makes the property unfit for its intended use or significantly reduces its value.
Must a death or other event be disclosed?
Some events linked to a property do not affect its appearance, quality or function. The seller must nevertheless disclose any factor that could influence the buyer’s decision.
Examples include vandalism, an unexplained phenomenon, a home used for cannabis growing even if restored, and any death, violent or natural.
What documents should you gather before listing?
Information on the property listing sheet must be verifiable and documented. For renovations, gather invoices, plans, specifications and building permits.
Documents such as the certificate of location and recent tax bills confirm ownership, year of construction and property taxes. If things change during the brokerage contract, the seller and broker must update the listing sheet.
What can happen if information is omitted?
If essential information is not disclosed, the seller may be held legally liable and a buyer could take action against them. Consult a notary or lawyer.
Thomas’s role with his sellers
Thomas Lymburner completes the seller’s declarations form with his sellers as part of his work as a real estate agent (broker).
Frequently asked questions
The seller completes it with their broker. It describes the property’s condition and history, including construction year, easements, water damage, soil contamination, hazardous substances and renovations. It is an integral part of the brokerage contract and must be given to any interested buyer and their building inspector.
A non-apparent defect that existed before the sale and makes the property unfit for its intended use or significantly reduces its value. The seller must disclose any known defect that could affect value or use.
Yes. Any death, violent or natural, must be disclosed. Sellers must disclose factors that could influence a buyer’s decision, even if they do not affect the property’s appearance, quality or function.
For renovations: invoices, plans, specifications and building permits. Also gather the certificate of location and recent tax bills. Listing-sheet information must be verifiable and documented; the seller and broker update it if things change during the contract.
If essential information is not disclosed, the seller may be held legally liable and the buyer could take action against them. Consult a notary or lawyer.
Sources
- OACIQ / Protégez-Vous — Seller disclosure obligations (French partner article) — Publié le 24 septembre 2024 / Published September 24, 2024
- OACIQ — Quebec real estate brokerage self-regulatory organization — publication date not supplied
General information only. This guide is not legal advice; consult a notary or lawyer.