When someone buys a house, they normally fall in love with what they can see: the layout, the kitchen, the neighbourhood, and so on. But many of the most important details about a home that either make or break a transaction do not show up in the visit. They appear in the seller’s declaration.
Buried in this document are disclosures about all kinds of things, from foundation types to past water infiltration and broken sump-pumps. These are things that directly impact the purchase price of the property for sale and, their accurate disclosure can have far reaching legal ramifications.
In this article, we’ll cover:
- What is the sellers declaration?
- Is the seller’s declaration mandatory?
- Why is the seller’s declaration important?
- How buyers and sellers use the seller’s declaration
- What information is included in the declaration by the seller?
- How to fill out the sellers declaration
- What to look for as a buyer
- Frequently asked questions
- Final remarks
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The seller’s declaration is a complex, technical document and mistakes in it can take years and tens of thousands of dollars to fix.
What is the seller’s declaration?
The seller’s declaration is a standardized form that homeowners must fill out when selling a property in Quebec. Buyers, sellers, and their agents use it to evaluate a property’s condition and quality and accurately determine its value.
What are the different types of seller’s declaration?
In residential real estate, there are two different forms and your choice of form will depend on the type of property that you are selling. The forms are:
You must use the DS form if you are selling a residential dwelling containing less than 5 units. This includes properties held in undivided co-ownership. Examples are: detached houses, semi-detached houses, townhouses, plexes, and movable houses. In contrast, you must use the DSD form for all transactions that involve a divided co-ownership with more than 4 dwellings. This will include condos in low rise, mid rise and high rise buildings.
Each of these different forms includes a series of questions about the property’s condition, systems and history such as any past damage, renovations or known defects. The OACIQ (the province’s real estate regulator) developed these questions in collaboration with the Quebec Association of Building Inspectors (AIBQ). Buyers, sellers, and their agents use these questions to evaluate the property’s condition and quality and accurately determine its value.
Is the seller’s declaration mandatory?
If you choose to sell your property with a listing agent, the seller’s declaration is mandatory. The OACIQ requires sellers to complete the declaration before signing the listing contract. Brokers then attach it as an annex to the listing contract. Completing this form gives the broker an accurate understanding of the property’s condition early on, so that they can correctly advise you on the best strategy to price your home.
If you sell your house without a real-estate agent, completing a seller’s declaration is not mandatory. However, if a buyer’s broker approaches you, they must ask you to complete one so they can properly inform their client about the property’s condition and any factors that could affect the transaction. You may refuse, but the broker must then:
- Inform the buyer that you declined to complete the declaration,
- That important information may be unavailable, and
- Advise them to proceed with caution and obtain the details needed to make an informed decision.
Why is the seller’s declaration important?
Although it might feel strange to list out all known problems in your home, especially since you are trying to sell it, a seller’s declaration is important. This is because legally, as a seller, if you do not reasonably disclose any defects that you are aware of, the buyer can take legal action against you either during or after the sale.
During the sale, buyers typically order a pre-purchase inspection to uncover potential issues before closing. If the inspection identifies a problem you should have disclosed, the buyer can seek compensation for related costs, negotiate a price reduction, or cancel the sale. If the inspection causes the transaction to fall through, you must legally disclose those findings to future buyers.
Meanwhile, after the sale, the seller remains legally responsible for any latent defects in the property. If the seller failed to disclose something that they knew or should have reasonably known about, the seller is not only responsible for covering the buyer’s losses, but also for any additional damages incurred as a result. Overall, the seller’s declaration helps demonstrate that they acted in good faith and can serve as evidence of transparency in the event of a dispute or legal claim.
ℹ️ Seller's Note
A good listing agent can guide you on what must be disclosed, what buyers are unlikely to care about, and which quick repairs could help you maximize your sale price.
How buyers and sellers use the seller’s declaration
Once the seller has completed the seller’s declaration, the listing agent will make the seller’s declaration available to any buyer who requests to see it.
The buyer will then sign your seller’s declaration to confirm that they have read it. They will then attach the seller’s declaration to their promise to purchase. This ensures the buyer formally acknowledges the property’s disclosed condition and cannot later claim they were unaware of known issues. Because this is a complex, technical document with lots of technical real-estate jargon in it, the buyer’s agent will help their client read and understand the seller’s declaration.
Lastly, your listing agent will make the seller’s declaration available to any prospective buyer or their agent, to the building inspector or any other person involved in the transaction, such as a home appraiser.
What information is included in the declaration by the seller?
The OACIQ provide a two templated lists of questions that the seller must answer. The seller’s answers to these questions are the declarations by the seller. The questions differ based on the actual form that you use.
Form DS – Sellers Declaration: Building
Used for houses, plexes (fewer than 5 dwellings), semi-detached homes, townhouses, and undivided co-ownerships. The DS form focuses on the physical condition of the building and land-related issues, including:
- Year of construction, year of purchase, and current financing;
- Structural condition (foundation, roof, walls, plumbing, heating, electrical);
- Past problems (mould, water infiltration, pyrite, radon, etc.);
- Any work or renovations done, with documentation;
- Municipal or environmental issues;
- Income and expenses (if it’s an income property).
The official DS form can be found at Declarations by the seller of the immovable – DS. This document is available in English or French.
Form DSD – Sellers Declaration: Divided Co-ownership
Used for condos (divided co-ownerships). It still includes some of the same building questions (since condo owners are responsible for their unit), but it also adds sections about the condominium corporation, such as:
- The name of the syndicate of co-ownership;
- Management of common areas and contingency fund;
- Minutes of recent meetings and any ongoing disputes;
- Insurance coverage for the building and the co-owners;
- Planned special assessments or major work.
So, while you still disclose things like water damage or asbestos in your unit, you must also disclose information that affects the entire condo building.
The official DSD form can be found at Declarations by the seller of the immovable – Divided co-ownership (DSD). This document is available in English or French.
ℹ️ Note
If you are selling an apartment in a divided condominium, your broker must include information about the contingency fund, the inclusions in your private portion, the property’s common services and so on.
How to fill out the sellers declaration
The law (and OACIQ rules) require you to answer to the best of your knowledge and in good faith. If you don’t know certain details, such as the contingency (reserve) fund amount or whether the reserve fund study (Bill 16) or Maintenance Log (Bill 141) is complete, indicate “unknown” or “to be confirmed by the syndicate.”
Whilst you are not legally penalized for not knowing, lack of knowledge can slow down the transaction. For instance, let’s say that the notary requests the latest reserve fund study and no one, including you, can confirm whether it exists. The notary may delay the closing day until the information is obtained.
Your broker has a legal duty of verification. This means they must make reasonable efforts to confirm important details about the property. With your permission, they can contact the property manager or syndicate directly to obtain recent financial statements, meeting minutes, the reserve fund study, and management reports.
What to look out for as a buyer?
As a buyer, the seller’s declaration is one of the most valuable tools you have to uncover hidden risks before you commit to purchasing a property. It’s your chance to spot warning signs early. These are things that could later turn into expensive repairs, legal issues or insurance problems.
Below is a short summary of what you should watch out for in the sellers deceleration:
- Water or moisture damage – past leaks or flooding often come back.
- Structural issues – cracks, uneven floors, or foundation movement.
- Hazardous materials – pyrite, radon, asbestos, mould, or soil contamination.
- Unpermitted renovations – work done without municipal approval.
- Old systems – aging roof, wiring, plumbing, or heating.
- Condo red flags – low contingency fund, lawsuits, or special assessments.
- Legal or neighbour issues – servitudes, shared driveways, or disputes.
- Too many “unknowns” – may signal missing records or poor transparency.
Frequently asked questions
Final remarks
Whether you’re a seller preparing to sell or a buyer, the seller’s declaration is a critical document. It is referenced throughout your transaction and can have far reaching legal and financial ramifications.
Because it is a complex, technical document that is full of real-estate jargon, we recommend that you work through it with a detailed orientated and experienced realtor. It is generally best to choose one who is a local expert.
An experienced realtor will understand the issues that commonly affect properties in your area—whether that’s pyrite in Montreal’s West Island, flooding risks, or other regional defects—and help address them appropriately in the transaction documents.
To find a local expert, compare top-rated realtors using Immovision’s Agent Finder.
Immovision
Find a realtor who obsesses over the details
The seller’s declaration is a complex, technical document and mistakes in it can take years and tens of thousands of dollars to fix.
