Definition : Purchase - Declarations of the seller

A form signed by the seller that describes the condition and history of the fraction to be sold (for example, year of construction, renovations and work performed, etc.) and declares to the buyer the factors that may reduce the value of the property or affect its consent. This applies, in particular, to latent or apparent defects, such as water infiltration or insulation problems, defects in the ground, a violent death such as suicide or murder, cannabis planting, etc. The seller’s declaration is completed by an acknowledgement receipt to be signed by the buyer.

This form is optional when the co-owner sells his property by himself and mandatory if he uses the services of a real estate broker. In this regard, the Québec real estate brokerage self-regulating organisation (OACIQ) has developed a mandatory form entitled Declarations by the seller of the immovable Divided Co-ownership. It must be used to complete the mandatory form of the exclusive brokerage contract.

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7 octobre 2019 — L’Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) a dévoilé, aujourd’hui, sa toute nouvelle mouture du Guide de l’acheteur. Accessible en ligne, elle vise à mieux outiller les consommateurs désireux d’acquérir une propriété par l’entremise d’un courtier immobilier.
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  It is not compulsory to retain the services of a real-estate broker (real-estate agent). This being said, unless you are capable of handling on your own the purchase or the sale of a condo, and investing a lot of your time and efforts and possess specific knowledge in relevant fields, it is in your best interest to be assisted by a competent real-estate broker.
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To allow you to know exactly what you are purchasing, your vendor must act in good faith at all times. In this regard, Article 1375 of the Civil Code of Quebec imposes a true moral code to the parties. It provides that: “The parties shall conduct themselves in good faith both at the time the obligation arises and at the time it is performed or extinguished.”
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