The form Declarations by the seller of the immovable provides the buyer with details on the condition of your property. Your broker will complete it with your help, at the time of signing of the brokerage contract. This document will form an integral part of your brokerage contract, to which it must be annexed. It is a guarantee of safety both for you – to avoid legal action down the road – and for the buyer, allowing him to make an informed decision regarding your property. If you refuse to complete or sign this form, the broker will simply not be able to carry out the brokerage contract with you. In fact, this form will need to accompany any Promise to purchase.
The following information must be provided on this form, in good faith and to the best of your knowledge:
year of construction and year of purchase of your property;
current mortgage status;
any water damage;
presence of pyrite, radon, dry rot, asbestos, etc.;
condition of the roof, plumbing, heating;
any repair or renovation work done, with documentation if possible;
income (for an income property).
GOOD TO KNOW
Your broker must make this form available to any buyer interested in making a Promise to purchase (making sure to protect your personal information). In fact when you receive a Promise to purchase from a prospective buyer, he must sign the form Declarations by the seller of the immovable and attach it to his promise to purchase. Your broker will also give a copy to any broker, to the building inspector, and to any other person involved in the transaction.