How to Sell Your Home Privately in Quebec (2026)
Quebec requires a notaire — read before proceeding
In Quebec, all residential property sales must be completed before a notaire (notary). A private purchase agreement (promesse d'achat) has a different legal status in Quebec's civil law system. A Guidepost template is a useful starting point, but you must engage a Quebec notaire to complete the sale. The Chambre des notaires du Québec can help you find one.
Selling privately in Quebec can save you tens of thousands in agent commissions. This guide covers exactly what documents you need, what you're required to disclose, and how the closing process works — step by step.
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Welcome Tax (Taxe de bienvenue) in Quebec
Quebec's Welcome Tax (Droits de mutation immobilière) rates (2024 brackets, indexed annually — verify current thresholds): 0.5% on the first $58,900; 1% from $58,900 to $294,600; 1.5% over $294,600. Montreal applies additional municipal rates above $500,000.
Closing Professional in Quebec
Notary (notaire) required
In Quebec, a notary (notaire) is legally required to handle the title transfer — not a lawyer. The notary acts as a neutral party, prepares the Acte de vente (deed of sale), conducts the title search, manages the financial transaction, and registers the transfer at the Registre foncier. Costs are typically $1,200–$2,000, paid by the buyer. Both buyer and seller may have their own notaries, though a single notary can act for both parties in Quebec.
Disclosure Requirements in Quebec
Déclarations du vendeur sur l'immeuble (DS) — OACIQ form, or Déclarations du vendeur — copropriété divise (DSD) for condos
MANDATORY in Quebec when a broker is involved. The OACIQ (Quebec's real estate brokerage self-regulatory authority) requires sellers to complete the DS form before signing the listing contract. The broker attaches it as an annex to the brokerage contract and must provide it to every interested buyer and to the buyer's building inspector. Without a broker (FSBO), the DS form is not legally required, but all Civil Code of Quebec (CCQ) disclosure obligations remain fully in force under Articles 1726–1733. If a buyer's broker approaches a FSBO seller, they must request the seller complete the form — the seller may refuse, but the broker must warn the buyer. Quebec is the only province with a legally mandatory broker-administered seller disclosure form.
This form covers:
- •Year of construction and year of purchase
- •Current financing details (mortgages, hypothèques)
- •Structural: foundation (cracks, infiltration, repairs), roof (age, condition, material), exterior cladding, framing
- •Plumbing: age, known problems, repairs
- •Electrical: type of wiring, known problems, updates
- •Heating and cooling: type, age, condition
- •Water infiltration history: basement, walls, windows — any past episodes and remediation
- •Environmental/hazardous materials: mould, pyrite, radon, asbestos, soil contamination, vermin
- •Renovations: documentation, permits obtained
- •Municipal or zoning issues: non-conforming use, outstanding orders
- •Income and expenses (if income property)
- •DEATHS AND UNNATURAL EVENTS: Quebec is the only province requiring disclosure of suicides and violent deaths on property. Question D13.8 asks about suicide or violent death.
- •DSD (condos) adds: syndicate name/contact, monthly condo fees, reserve fund balance/study status, maintenance logbook, recent meeting minutes, ongoing litigation, insurance details, planned special assessments, declaration of co-ownership
Quebec has the most comprehensive and legally enforced seller disclosure regime in Canada. The Déclarations du vendeur (DS form) is mandatory in brokered transactions and must be completed before the listing contract is signed. Quebec uses Civil Code Article 1726 (legal warranty of quality), which goes further than common-law provinces: sellers can be liable for latent defects they did not know about at the time of sale. The "sans garantie légale" (without legal warranty) clause must be explicitly stated in both the promesse d'achat and the deed of sale — it is common in estate sales, bank repossessions, and investor dispositions. Deliberately lying on the DS form voids the warranty exclusion (it becomes fraud). Quebec is the only province that legally requires disclosure of unnatural deaths (suicide, murder) on a property. Limitation period: 3 years from discovery of the defect, but the buyer must send formal written notice within a reasonable time (typically 6–12 months of discovery).
Quebec-Specific Requirements
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The Déclarations du vendeur (DS) form must be completed before signing the listing contract — it is an annex to the brokerage contract, not just an attachment to the offer.
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Use the DS form for houses and plexes (under 5 units) and undivided co-ownerships. Use the DSD form for condos (divided co-ownership with 4+ dwellings).
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Sellers can choose to sell "sans garantie légale, aux risques et périls de l'acheteur" (without legal warranty) — the exact phrase must appear in both the promesse d'achat and the Acte de vente. This is a significant price discount (typically 8–11% below comparable with-warranty sales).
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Certificate of Location (Certificat de localisation) is typically required by the buyer's lender. If yours is outdated or improvements have changed, a new one ($1,500–$3,000) may be needed — allow 3–6 weeks.
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Reserve fund study and maintenance logbook (carnet d'entretien) requirements for condo syndicates are being phased in under Bills 16 and 141 (2025–2028).
Selling a Condo or Strata Unit?
Use the DSD form (Déclarations du vendeur — copropriété divise) for condos, not the DS form. Provide the buyer with: the declaration of co-ownership, recent syndicat meeting minutes, financial statements, insurance certificate, and reserve fund study. These are required by the buyer's notary. The reserve fund study and maintenance logbook (carnet d'entretien) requirements are being phased in under Bills 16 and 141 through 2028.
Inclusions and Exclusions
Every purchase agreement must clearly state what stays with the property and what the seller is taking. Disputes over inclusions are one of the most common sources of post-closing complaints in Canadian real estate. When in doubt, write it in.
Typically included (stay with the property)
- ✓Built-in appliances (dishwasher, built-in oven/microwave)
- ✓Light fixtures (ceiling, pot lights, chandeliers)
- ✓Window coverings attached to a rod or track (blinds, shutters)
- ✓Central vacuum system and attachments
- ✓Garage door openers and remotes
- ✓Built-in shelving and storage systems
- ✓Permanently installed ceiling fans
- ✓Alarm and security systems (owned, not monitored contract)
- ✓Intercom systems
- ✓Water softener (if owned and plumbed in)
- ✓In-ground sprinkler systems
- ✓Permanently attached outdoor structures (gazebo on concrete pad)
- ✓Fireplace inserts and gas fireplaces (if plumbed in)
Typically excluded (seller takes these)
- ✗Freestanding fridge, stove, washer, dryer (unless listed in the agreement)
- ✗Portable dishwasher
- ✗Chest freezer or bar fridge
- ✗Above-ground pool and equipment
- ✗Hot tub or spa (if not permanently plumbed)
- ✗Portable or window A/C units
- ✗Decorative light fixtures the seller wants to keep
- ✗Curtains and drapes (freestanding rods often excluded)
- ✗Freestanding shelving or storage units
- ✗EV charging equipment (if portable)
- ✗Outdoor furniture, planters, garden statues
- ✗Firewood, propane tanks
- ✗TV wall mounts (disputed — specify either way)
Step-by-Step: Selling Privately in Quebec
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Locate or order a Certificate of Location (Certificat de localisation) — required by lenders.
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Complete the Déclarations du vendeur (DS form for houses, DSD form for condos) before signing your listing agreement.
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Decide whether to sell with or without legal warranty (sans garantie légale) — discuss with your notary.
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Accept an offer (promesse d'achat). Have a notary review the agreement.
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Your notary will contact the buyer's notary to coordinate the closing.
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On signing day, both parties sign the Acte de vente before the notary.
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Funds are disbursed and title is registered at the Registre foncier.
Quebec-specific things to know
- •Quebec is the ONLY province requiring disclosure of suicides and violent deaths on a property (DS form Question D13.8).
- •The legal warranty of quality (garantie légale) is broader than Caveat Emptor — sellers can be liable for defects they didn't know about.
- •Deliberately concealing a defect voids the "sans garantie" clause — the protection disappears and you face fraud claims.
- •Welcome Tax is paid by the buyer, typically 30–60 days after closing.
Key Terms in the Purchase Agreement
Délai d'irrévocabilité — Irrevocable Period (Quebec)
The buyer submits a promesse d'achat with an irrevocability deadline — typically 24–72 hours. Until that deadline the buyer cannot withdraw. Once accepted, both parties are legally bound. Suspensive conditions (financing, inspection, condo document review) must be fulfilled or waived within their specified periods.
Deposit vs. down payment
The deposit (~5% of purchase price) is paid within 24 hours of acceptance and held in trust. It demonstrates commitment. The down payment is the total equity the buyer contributes at closing (purchase price minus mortgage). The deposit is applied toward the down payment — it is not additional money on top. If the buyer walks away without a valid condition, the deposit is typically forfeited to the seller.
Condition on financing
The sale is conditional on the buyer obtaining mortgage approval — typically within 5–10 business days. If financing falls through, the buyer can withdraw and recover the deposit. Sellers should not remove the property from the market until all conditions are waived.
Condition on home inspection
The sale is conditional on a satisfactory home inspection, typically within 5–7 business days. If the buyer is not satisfied with the inspection results, they can withdraw. In competitive markets, buyers sometimes waive this — you cannot require them to, but you can negotiate the timeline.
Closing adjustments
Property taxes, condo fees, utility bills, and prepaid rents are prorated as of the closing date. The seller pays for the period up to and including closing; the buyer pays from the day after. Your lawyer prepares a Statement of Adjustments. Typical adjustments add or subtract $500–$3,000 depending on the time of year.
"As-is" clause
States the buyer accepts the property in current condition. This does NOT protect sellers from liability for known latent defects. Courts across Canada have consistently held that deliberate concealment of a known defect is fraud, which survives any "as-is" clause. It may limit claims for patent (visible) defects the buyer could have discovered through reasonable inspection.
Latent vs. patent defect
A latent (hidden) defect cannot be discovered through reasonable inspection — for example, foundation cracks behind drywall, water infiltration hidden by fresh paint, or contaminated soil. Sellers must disclose known latent defects. A patent defect is visible or discoverable — peeling paint, a broken window, visible water stains. Patent defects are generally the buyer's responsibility to discover.
Time is of the essence
Standard clause in Canadian purchase agreements. All specified dates (offer deadline, condition removal, closing) are strict. Missing them can allow the non-defaulting party to terminate the agreement or claim damages.
Garantie légale vs. sans garantie légale
The legal warranty of quality applies automatically under the Civil Code — sellers warrant the property is free of latent defects, even unknown ones. Selling "sans garantie légale, aux risques et périls de l'acheteur" removes this, but requires the exact phrase in BOTH the promesse d'achat AND the Acte de vente. No-warranty sales typically sell 8–11% below comparable with-warranty properties. Deliberately concealing a defect voids the exclusion and becomes fraud.
Common Questions
Do I need a real estate agent to sell my home in Quebec?
No. You have the legal right to sell your home privately without an agent. You will still need a real estate lawyer (or notaire in Quebec) to handle the title transfer and closing. Guidepost provides the pre-closing documents — the purchase agreement, disclosure statement, and related paperwork.
How much does it cost to sell privately vs. using an agent?
Real estate agents typically charge 3–5% of the sale price (split between buyer's and seller's agents). On a $700,000 home, that's $21,000–$35,000. Selling privately, your closing costs are primarily your lawyer's fee ($1,500–$2,500) and any marketing costs. Some sellers also pay a flat-fee MLS listing service ($300–$700) for MLS exposure without full representation.
What documents does the buyer's offer need to include?
A valid offer should include: the full property address and legal description, the purchase price, deposit amount and deadline, conditions (financing, inspection, etc.) with expiry dates, inclusions and exclusions, proposed closing date, and signatures from all buyers. Guidepost's package gives you a template to present to buyers or to review an offer they bring to you.
Am I required to disclose defects when selling privately?
Quebec sellers are subject to the legal warranty of quality (garantie légale), which can make you liable for latent defects even if you did not know about them at the time of sale. The Déclarations du vendeur form is mandatory in brokered transactions. Consult your notaire about whether to sell with or without legal warranty — and note that deliberately concealing a defect voids the warranty exclusion.
Official sources
Last updated: June 2026
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