Seller Declaration Form Quebec: What to Disclose and Why

The Seller Declaration form is a mandatory document when selling property in Quebec. Hiding a known defect can cost you between $48,000 and $70,000 in lawsuits. Here’s what the Civil Code (art. 1726+) and OACIQ require from you, and how transparency actually protects you.

What Is the Seller Declaration?

The Seller Declaration (Déclaration du vendeur) is a standardized form by OACIQ (Quebec’s real estate regulatory body) that every seller must complete when working with a real estate broker. This document covers the complete history of the property: work performed, known issues, declared claims, and included equipment.

Even if you sell privately (without a broker), Article 1726 of the Quebec Civil Code obliges you to guarantee the buyer against hidden defects. Completing a written declaration is the best way to protect yourself.

What Must Be Disclosed

The form covers several categories. For structure, you must declare any foundation issues (cracks, infiltration), roofing problems, exterior cladding, and framing issues. For plumbing and electrical, mention the age of installations, repairs done, and any known problems. For water and drainage, disclose any past or present water infiltration, French drain issues, and humidity problems.

You must also disclose contaminants (pyrite, vermiculite containing asbestos, UFFI, radon, contaminated soil), work done without municipal permits, current or past litigation with neighbours or contractors, and any easements or rights of way affecting the property. For more on hidden defects, see our guide on pre-purchase inspections in Quebec.

Calculation: Cost of Non-Disclosure vs Proactive Disclosure

Legal Consequences of Concealment

Article 1726 of the Quebec Civil Code establishes the warranty against hidden defects. The buyer has 3 years from the discovery of the defect to take legal action. If the court determines you knew about the defect and failed to disclose it, you will be held liable for repairs, the buyer’s legal fees, and potentially damages.

Furthermore, selling “without legal warranty” does not protect you against fraud. If you deliberately concealed a known defect, even an exclusion clause will not protect you in court.

How to Properly Complete the Declaration

Be precise and honest. If you had water infiltration in 2019 and repaired it, mention it with details of the repair and the contractor’s name. If you did renovations, specify whether they were done with or without permits. If you don’t know whether a problem exists, clearly indicate that rather than checking “no.”

To maximize your property’s presentation while remaining transparent, check our checklist to prepare your home for sale.

The Role of the Real Estate Broker

Your broker has a deontological obligation (OACIQ regulation) to have you complete the Seller Declaration and ensure the information is transmitted to potential buyers. They must also advise you on what needs to be disclosed and warn you about the risks of non-disclosure.

A good broker turns the declaration into a trust-building tool that reassures buyers and accelerates the sale. Properties with a complete and honest declaration generally receive offers faster.

Common Mistakes to Avoid

The first mistake is minimizing a known problem thinking the inspector won’t find it. The second is checking “no” for a repaired problem—you must still disclose it with repair details. The third is not mentioning work done by yourself (self-built) or by unlicensed friends. The fourth is leaving sections blank rather than writing “don’t know.”