Seller’s declaration: Transparency matters
Last updated on March 26, 2026
When it comes time to sell a property, the property owner must fill out the seller’s declaration to the best of their knowledge. This form, available free of charge on DuProprio.com, details all the necessary information about a property. It informs the buyer about the state of the home and offers potential protection to the seller. Find out about your obligations related to the seller’s declaration and how to complete it transparently.
Summary:
- What is the seller’s declaration?
- Acting in good faith
- Two useful resources: The seller’s declaration and the inspection
- Does the seller’s declaration offer protection from hidden defects?
- When is the right time to provide the seller’s declaration?
- Need help to completing your declaration?
What is the seller’s declaration?
The seller’s declaration is a form that establishes a complete representation of the home and its history. The seller must include all relevant information that may have an impact on the value of the property.
“It’s in the property owner’s best interest to fill out this form as soon as they list their home on the market,” explained Elena-Maria Bejan, a notary with DuProprio. “It’s a good way to be completely transparent in your transaction.”
What the seller’s declaration includes:
- Information about the seller (name, contact information, etc.)
- General information about the property (year it was built or purchased, etc.)
- Any problems that need to be declared about the property (apparent defects and factors that could lower the property’s value, such as water leakage or insulation issues)
- Renovations and work done over the years
- The seller’s signature, and an acknowledgement of receipt that the buyer will have to sign
Depending on the package you’ve chosen, you can get help from one of DuProprio’s notaries throughout the sales process.
Divided and undivided co-ownership
When selling a unit in a co-owned building, the seller must complete a different form called the seller’s declaration - divided co-ownership, which includes information about the contingency fund, self-insurance fund, the private portion being sold (the unit) and the common areas of the property.
For an undivided co-ownership, the seller simply completes the general seller’s declaration form.
Acting in good faith
Selling soon? When you fill out the seller’s declaration to the best of your knowledge, it’s a sign you intend to carry out the sale in good faith. It also lowers the risk of the transaction falling through or ending up in difficult negotiations. What’s more, a buyer who has a professional inspection done is less likely to be caught off guard if the report reveals a defect that’s already been declared.
Here are a few tips
If you’re planning on selling, find the seller’s declaration you received when you bought the property. Pull out all your invoices and photos that prove you’ve renovated, if you have. Make a note of all the problems you’ve encountered as the owner, and how they were resolved, if they have been.
Two useful resources: The seller’s declaration and the inspection
Buyers need to stay on their toes during the purchase process. It’s up to the person interested in the property to assess its quality by doing their own visual inspection or hiring a qualified building inspector, for example. These steps will allow the potential buyer to verify the seller’s declaration and confirm no apparent defects were overlooked.
Note: Any defect that is revealed in the pre-purchase inspection and the seller’s declaration cannot be considered a hidden defect and cannot be used as a reason to sue the owner, since the buyer was aware of the defect at the time of the sale. For sellers, the best protection against a potential legal dispute is to be honest and transparent.
However, an interested buyer could take legal action if the seller acted in bad faith. For example, if the seller intentionally withheld information that might have had an impact on the transaction or price of the home, they may end up having to explain themselves in front of a judge. This is true regardless of whether the property was sold with or without legal warranty.
Does the seller’s declaration offer protection from hidden defects?
One of a new homeowner’s biggest fears is discovering a hidden defect. Under section 1726 of the Civil Code of Québec, a hidden (or latent) defect is a flaw that existed at the time of the purchase, but was unapparent and not known to the buyer.
Selling with legal warranty
Unless otherwise indicated, every property in Quebec (land or building) is sold with a legal warranty. Even if the seller did not know the hidden defect existed, they may still be held responsible.
The law states that the seller is bound to warrant the buyer that at the time of sale, the property and its accessories are free of hidden defects that render it unfit for the use for which it was intended or that so diminish its usefulness that the buyer would not have bought it or paid so high a price if they had been aware of them. The legal warranty allows a property buyer to demand that a hidden defect be repaired and paid for by the former owner.
5 facts you should know about legal protection in real estate
Good to know
By simply listing all the problems related to the property in the seller’s declaration, it reduces the risk of misunderstandings or potential disputes. This way, the buyer is aware of the defect and cannot hold you responsible. Any false declaration in the deed of sale, however, exposes you to legal action. If you leave out any information, alter the facts or outright lie, you could be ordered to pay damages.
Selling without legal warranty
Sometimes a property is sold “without legal warranty, at the buyer’s own risk,” which is often the case with estate sales, foreclosures or very old buildings. In this situation, the buyer has no legal recourse against the seller if a hidden defect is discovered, unless the seller deliberately withheld the information.
When is the right time to provide the seller’s declaration?
The seller’s declaration must be given to any potential buyer intending to make an offer to purchase. The form must then be signed by the buyer and included in the purchase offer. It may also be shared with the building inspector to help them write a detailed report on the property.
Note: You can download the seller’s declaration form free of charge on our website, in the Buy section.
Download the Declaration by the Seller form
Need help completing your declaration?
If you fill out the form with complete transparency, it will reduce your risk of making an incomplete or incorrect declaration. You’re also giving the buyer the information they need to make an informed decision. And it’s a way of protecting yourself in the event there are any discrepancies related to the property.
If you have any questions, we’re here for you. Our advisors can explain the form to you and give you clear and correct answers to your questions.
Schedule an appointment with one of our advisors to find out more about the services DuProprio offers.
