Definition : Purchase - Declaration 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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I want to know how the condo fees (common expenses) appearing in the ads of real estate agencies are established. These are not constant and put a doubt in the minds of those who want to buy in condominiums. Question: Is there a uniform directive in real estate agencies in this area? What advice should a real estate broker give to his client when he assists him in completing the form of the declaration of seller ? Some vendors report all costs, others report only current expenses (e.g., maintenance, operation and administration expenses of common portions). These two ways of doing things can vary the amount of condo fees by 300%, which can represent significant amounts for a buyer.
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2 avril 2022 — Un pianiste, qui rêve de jouer et de composer dans l’unité du complexe d’Habitat 67 qu’il vient d'acheter, frappe un mur. La déclaration du vendeur, qui pourtant indique clairement qu’il n’y a pas d’amiante à l’intérieur de son unité, est loin de refléter la réalité. Il trouve de l’amiante à plusieurs endroits à tel point qu’il doit tout démolir. Mais qui est responsable et qui était au courant de la présence d’amiante ?
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27 mai 2021 — La ministre des Affaires municipales et de l’Habitation (MAMH), Andrée Laforest, a récemment lancé une vaste consultation visant l’adoption de sept dispositions prévues dans le projet de loi 16. Celui-ci a été sanctionné en janvier 2020.
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A recent judgment of the Court of Québec, Small Claims Division, sanctioned a company and one of its directors, who also acted as real estate broker, for not allowing buyers to adequately understand an important aspect of the property sold. The building, built in 1938, had undergone major renovations for a four-unit co-ownership conversion. According to the company's administrator, the flat roof of the building still had a useful lifetime of nearly 7 years. However, no studies were carried out on its condition and the characteristics of the building prevented buyers from verifying it. In addition, the vendors had no documentation regarding the last roof repairs.
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L'inspection préachat est un incontournable avant d'acheter un condo. Si on ne peut faire inspecter tout l'immeuble, ce qui coûterait trop cher, il est néanmoins possible d'avoir un aperçu du type de gouvernance qui y prévaut, que ce soit en matière d'entretien et de conservation du patrimoine bâti.
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  Article 1726 paragraph 1 of  the Civil Code of Quebec, provides that " The seller is bound to warrant the buyer that the property and its accessories are, at the time of the sale, free of latent defects which render it unfit for the use for which it was intended or which so diminish its usefulness that the buyer would not have bought it or paid so high a price if he had been aware of them. In other words, the latent defect prevents the buyer from enjoying, as he was entitled to expect, the property sold and its accessories.  However, the purchase cannot be done blindly, as the buyer must exercise caution and diligence in the purchase process.  Thus, a defect that was denounced by the seller at the time of the sale is not covered by the legal guarantee since the buyer then acquired the property knowingly. A buyer must therefore be particularly attentive to the representations and declarations of a seller, as well as to the documentation given by the latter before the sale
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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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Seeking the services of a real-estate broker, who was formerly referred to as a real estate agent, is not mandatory. However, unless you are able to assume the purchase and / or sale of a fraction of a building held in divided co-ownership by yourself, which will require ample time as well as in-depth knowledge in various fields, you would benefit from being accompanied by a competent real estate broker during your procedures. When you use the services of a real estate broker to buy, sell or lease a property, you are protected by the Real-Estate Brokerage Act.  
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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.” Thus, the vendor is compelled to give to you, the purchaser, insofar as possible, complete and truthful information on the nature and the exact characteristics of the property being sold. This obligation includes any and all relevant and critical information concerning the immovable and the co-ownership, both for the private portion(s) and the common portions.
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