Real Estate Purchase Offer (Quebec)

A Quebec Real Estate Purchase Offer (Offre d’achat immobilier) is a formal legal document through which a buyer (acheteur) presents a binding proposal to purchase immovable property from a seller (vendeur) in the Province of Quebec. Governed by the Code civil du Québec arts. 1708-1784 relating to the contract of sale, this document constitutes a complete and enforceable offer that, once accepted by the seller within the stipulated deadline, becomes a binding synallagmatic contract creating mutual obligations for both parties.

Under art. 1708 CCQ, the sale is the contract by which one person transfers ownership of property to another in exchange for a price in money. The purchase offer must therefore contain all essential elements of the sale: the complete identity of the parties, the precise cadastral designation of the immovable (lot number, cadastral circumscription, and municipal address as recorded at the Registre foncier du Québec), the proposed purchase price, and the closing date.

The deposit (arrhes) paid by the buyer upon acceptance of the offer is governed by art. 1711 CCQ: if the buyer defaults after acceptance, the seller keeps the deposit; if the seller defaults, the buyer is entitled to recover double the amount of the deposit. These arrhes are typically held in trust by the notary or the real estate broker until the notarial deed of sale is executed. The offer also includes standard conditions precedent — financing and building inspection — which must be satisfied within agreed deadlines before the transaction becomes unconditional.

A critical feature of Quebec real estate transactions is the statutory warranty against hidden defects (garantie contre les vices cachés) under art. 1726 CCQ, which the seller provides automatically unless expressly excluded. This warranty obligates the seller to guarantee that the property is free from latent defects that would render it unfit for its intended use or that would have prevented the buyer from purchasing had they known. All transfers of immovable property in Quebec must be formalized through a notarial deed (acte de vente notarié) published at the Registre foncier du Québec under arts. 2938-2941 CCQ, which makes the transfer opposable to all third parties.

A Quebec Real Estate Purchase Offer is needed at the very beginning of any residential or commercial real estate transaction in the province — it is the document that formalizes the buyer's commitment and establishes the legally binding framework for the entire sale process. You need this document the moment you have identified a property and are ready to make a firm proposal to the seller.

This document is required when purchasing any type of immovable property in Quebec: single-family houses (maisons unifamiliales), condominium units (copropriétés divises), duplexes, triplexes, four-plexes and larger income-producing buildings (immeubles à revenus), vacant residential or commercial land, commercial buildings, and industrial properties. It is equally necessary for purchases of a cottage or secondary property (chalet) in rural Quebec.

The purchase offer is essential to establish the financing condition, which gives the buyer a defined period — typically five to fifteen business days — to obtain mortgage approval from a financial institution at acceptable terms. Without this condition, the buyer risks being legally bound to complete a purchase they cannot finance. The building inspection condition (inspection en bâtiment) is equally important: it gives the buyer the right to retain a certified building inspector and to withdraw from the transaction if significant defects are found, within a specified timeframe.

In Quebec, real estate brokers (courtiers immobiliers) who are members of the OACIQ (Organisme d'autoréglementation du courtage immobilier du Québec) use standardized OACIQ-approved forms for purchase offers. However, parties may also draft a private purchase offer without broker involvement, provided it respects the requirements of the Code civil du Québec. The duty of good faith under art. 1375 CCQ applies from the moment negotiations begin, requiring both parties to act honestly and not withdraw capriciously once the offer process is underway. Whether using an OACIQ form or a privately drafted offer, having a notary review the document before signing is strongly advisable.

A complete Quebec Real Estate Purchase Offer must address the following key elements. Party identification per art. 1385 CCQ: the buyer's and seller's full legal names, addresses, and — if the property is titled jointly — all registered co-owners must be named. If the buyer is a corporation, its enterprise registration number (NEQ) and authorized signing officer must be identified.

Property description: the complete cadastral designation including the official lot number (numéro de lot), cadastral circumscription (circonscription foncière), and municipal address as reflected in the Registre foncier du Québec. A precise list of inclusions (appliances, window treatments, light fixtures) and exclusions must be appended to avoid post-closing disputes.

Purchase price and deposit: the total price in Canadian dollars expressed in both numerals and words; the deposit amount (arrhes) per art. 1711 CCQ and the name of the trustee — typically the notary or broker — who will hold it until closing. Financing conditions: the mortgage amount sought, the maximum acceptable interest rate, the amortization period, and a firm deadline by which the buyer must report whether financing has been approved; failure to secure financing by the deadline renders the offer null and the deposit is refunded.

Building inspection conditions: the deadline for completing the inspection and the criteria upon which the buyer may withdraw, along with the requirement that the inspector be certified by a recognized professional association. Seller's declarations: the seller must disclose all known hidden defects under art. 1726 CCQ, all servitudes and charges affecting the property under art. 1723 CCQ, any municipal or environmental contamination orders, and all renovation or construction work performed with or without permit.

Notarial closing provisions: the name of the designated notary, the target date for signing the notarial deed, and the possession date. A bonne foi clause per art. 1375 CCQ and an applicable law clause confirming Quebec civil law jurisdiction complete the offer.