So, you’re thinking about buying or selling a home in Quebec? Let me tell you about one of the most important documents you’ll encounter – the Seller’s Declaration. As a real estate broker in Quebec, I often hear this question: “Why do I need to share everything about my home, even the not-so-great stuff?” Well, let me break it down for you.
Understanding the Seller’s Declaration: Your Property’s Report Card
Bonjour! Think of the Seller’s Declaration (or “Declarations by the seller of the immovable” in official terms) as your property’s detailed report card. It’s a mandatory form created by the OACIQ (our Quebec real estate association) alongside the AIBQ (inspector association) that tells the whole story of your home.
💡 Pro Tip: This isn’t just another piece of paperwork – it’s your best protection against future legal issues, whether you’re buying or selling.
What Does the Declaration Cover?
When you’re filling out a Seller’s Declaration, you’ll need to share:
- Basic property details (year built, purchase date)
- Current mortgage status
- Property systems information (roof, plumbing, heating)
- Any past issues (water damage, structural problems)
- Renovation history
- Service types (well or city services)
- Location-specific concerns (flood zones, soil conditions)
Why Honesty is the Best Policy
Here’s the thing about real estate – every home has its quirks. That’s just the reality of homeownership. While it might feel strange sharing your property’s imperfections when everything else (like staging and photos) aims to present it in its best light, being thorough and upfront isn’t just a legal obligation – it makes good business sense.
For Sellers
Being honest in your declaration:
- Reduces liability for hidden defects
- Makes transactions smoother
- Protects against future legal action
- Creates trust with potential buyers
For Buyers
A properly completed declaration:
- Helps make informed purchasing decisions
- Provides valuable property insights
- Offers legal protection
- Prevents unwelcome surprises
Real-World Example: The Case of the Aging Roof
Let me share a common scenario. Say a seller declares their roof is 27 years old. Three months after purchase, the roof leaks. Is this a hidden defect? No! Since the buyer knew about the roof’s age through the Seller’s Declaration and proceeded with the purchase anyway, they accepted this condition as part of their purchase decision.
When Is It Required?
The Seller’s Declaration is mandatory for:
- Residential properties with fewer than 5 units
- Divided and undivided condominiums
While not mandatory, it’s strongly recommended for:
- Properties with 5+ units
- Commercial properties
- Industrial properties
- Vacant land
Taking Action: Next Steps
Whether you’re buying or selling, here’s what you need to do:
For Sellers:
- Complete the form thoroughly with your broker
- Document all renovations and repairs
- Be honest about known issues
- Keep supporting documentation
For Buyers:
- Review the declaration carefully
- Ask questions about unclear items
- Use it to inform your home inspection
- Keep a copy for your records
The Bottom Line
The fact of the matter is, a Seller’s Declaration isn’t just another form to fill out – it’s a crucial tool that protects everyone involved in the transaction. Don’t be shy to ask questions about anything that seems unclear. After all, whether you’re buying or selling, this document helps ensure everyone starts on the same page.
Need more information about Seller’s Declarations or other aspects of Quebec real estate? Don’t hesitate to reach out – I’m here to help make your real estate journey smoother and more successful.
Ready to Navigate Your Real Estate Journey?
Selling or buying a property in Quebec involves important documents like the Seller’s Declaration – but you don’t have to figure it out alone. At Peter Thompson Real Estate, we pride ourselves on making complex real estate transactions feel simple and straightforward.
Peter graduated from Lasalle College in hospitality and spent 13 years managing the infamous Chateau du Lac, where he built a reputation for leadership and forming genuine, trusting relationships.
Peter’s real estate career is built on a foundation of honesty, trust, and tireless effort. He takes pride in going above and beyond to ensure his clients feel supported and confident throughout their journey. He regularly provides timeline market insights on his local service areas of Saint-Lazare, Hudson, Vaudreuil, and Rigaud, but has expanded to service clients across the Vaudreuil-Soulanges and West Island regions.
Outside of work, Peter’s world revolves around his wife and two young boys, who inspire him every day. A die-hard Montreal Canadiens fan, Peter never misses a chance to cheer on the Habs or crack a dad joke to keep everyone smiling.