The Declarations by the seller of the immovable


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;

servitudes;

water infiltrations;

soil contamination;

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.

Declarations by the seller of the immovable – Divided co-ownership

When the purchase concerns a co-ownership property, the mandatory form Declarations by the seller of the immovable – Divided co-ownership must be completed. Your broker will include information on the contingency fund, the inclusions in your private portion, the property’s common services, etc. This will ensure an optimal transaction while protecting you against legal action down the road.

Contingency fund or any other co-ownership fund

The brokerage contract forms concerning divided and undivided co-ownership properties make mention of the co-ownership’s contingency fund. This fund is set up by the co-owners to deal with future expenses. The money in this fund is strictly reserved for major repairs and replacements in the common portions, and not for regular maintenance costs.

The brokerage contract specifies that the sums invested in the contingency fund (or other co-ownership fund) are not recoverable when you sell your property.