Sellers Declaration Definition
In this article, we will discuss
- What is the seller’s declaration?
- Is the seller’s declaration mandatory?
- What information is included in the declaration by the seller
- How to fill out the sellers declaration
- What to look out for as a buyer?
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. 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.
- Declarations by the seller of the immovable (DS)
- Divided co-ownership form (DSD)
The DS form must be used for all transactions involving the sale, by a natural person, of a chiefly residential dwelling containing less than 5 dwellings, including immovables held in undivided co-ownership. This will include detached houses, semi-detached houses, townhouses, plexes and movable houses.
The DSD form must be used for all transactions involving 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. These questions were developed by the OACIQ (the province’s real estate regulator) in collaboration with the Quebec Association of Building Inspectors (AIBQ). They are designed to give a complete picture of the property’s overall condition and quality. This helps to protect both buyers and sellers by promoting transparency from the start of the transaction.
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. This will enable an optimal transaction while ensuring that you are protected against legal action down the road.
Is the seller’s declaration mandatory?
Yes, the seller’s declaration, either the DS or DSD form, are both mandatory; however, the form you will use is dependent on the type of property that you are selling (OACIQ, 2025).
According to the OACIQ, the sellers declaration must be filled out before signing the listing contract, it will then be attached as an annex to the listing contract. Completing this form allows the broker to gain an accurate understanding of the property’s condition early on.The final report must be annexed to your brokerage contract.
The benefit of completing the sellers declaration is that it will help your realtor better understand your specific situation. In turn, this will allow the realtor to provide better advice around property valuation, start their verification work and market the property more effectively.
Once completed, your broker must make the seller’s declaration available to any buyer interested in making a promise to purchase. 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 before sharing it with you. Lastly, your realtor will also give a copy to any broker, to the building inspector or any other person involved in the transaction.
What information is included in the declaration by the seller?
The OACIQ provides a general summary of what information is included in the declaration by the seller. However, 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 (water infiltration, vermin, contamination, pyrite, radon, etc.);
- Any work or renovations done, with documentation;
- Municipal or environmental issues;
- Income and expenses (if it’s an income property).
A link to 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.
A link to 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.
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 genuinely don’t know something for example, the exact amount in the contingency (reserve) fund, or whether a reserve fund study (Bill 16) or the Maintenance Log (Bill 141) has been completed, you can simply 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 a buyer’s notary requests the latest reserve fund study and no one, including you, can confirm whether it exists. The notary may delay the signing until the information is obtained.
Meanwhile, your broker has a legal duty of verification (devoir de vérification, s.81 of the Real Estate Brokerage Act). 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, 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.
Conclusion: The role of the realtor
Whether you’re a seller completing the declaration or a buyer reviewing it, your realtor plays a crucial role in protecting your interests.
For sellers, your realtor will guide you through the form, ensure your answers are accurate and help you gather any missing information from the notary or condo syndicate. Your realtor will then upload this information to your property listing so that other brokers can easily review it. This added transparency builds buyer confidence, speeds up offers and helps your property stand out as well-managed and trustworthy.
For buyers, a good realtor knows how to read between the lines. They will be able to spot red flags, verifying details and coordinate with your notary before you make an offer. Working with an experienced, transparent realtor can make the difference between a smooth sale and an extremely costly and nightmare purchase.
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References
OACIQ, 2025. “Declarations by the Seller of the Immovable – Divided Co-ownership (DSD).” The Declarations by the seller of the immovable – Divided co-ownership form
OACIQ. (2025). Declarations by the seller of the immovable – Divided co-ownership (DSD). Retrieved from How to use the mandatory form Declarations by the seller of the immovable
