Vendor Disclosure Statement — Quebec (Déclaration du vendeur)
Province de Québec — C.c.Q. arts. 1716-1731 (garantie légale), art. 1375 (bonne foi), art. 1733 (exclusion de garantie) — OACIQ
Province de Québec
DÉCLARATION DU VENDEUR SUR L'IMMEUBLE
En vertu des arts. 1716-1731 C.c.Q. (garantie de qualité) et de l'obligation de bonne foi (art. 1375 C.c.Q.)
1. RENSEIGNEMENTS GÉNÉRAUX
Date : [Date Declaration]
Vendeur(s) : [Nom Vendeur]
Immeuble : [Adresse Immeuble]
Année d'acquisition : [Annee Acquisition]
Type de vente : [Type Vente]
2. PROBLÈMES STRUCTURAUX ET ENVIRONNEMENTAUX
Pyrite / remblai pyriteux : [Pyrite]
Infiltration d'eau / inondation : [Infiltration Eau]
Amiante : [Amiante]
Moisissures / humidité : [Moisissure]
Réservoirs à mazout : [Reservoir Huile]
Défauts de fondation : [Problemes Fondation]
Contamination du sol : [Contamination]
Détails : [Details Structure]
3. QUESTIONS JURIDIQUES ET AUTRES
Travaux sans permis : [Travaux Sans Permis]
Réclamations d'assurance : [Reclamations Assurance]
Litiges en cours : [Litiges Juridiques]
Servitudes non enregistrées : [Servitudes Connues]
Autres divulgations : [Autres Defauts]
4. ATTESTATION DU VENDEUR
Le soussigné déclare sous serment que les renseignements ci-dessus sont exacts et complets à sa connaissance à la date de la présente déclaration. Le vendeur reconnaît son obligation de bonne foi en vertu de l'art. 1375 C.c.Q. et son obligation de divulguer les vices cachés connus en vertu des arts. 1726-1731 C.c.Q., même dans le cas d'une vente sans garantie légale (art. 1733 al. 2 C.c.Q.).
Vendeur / Seller
________________
Signature
Date: ________________
What Is a Vendor Disclosure Statement — Quebec (Déclaration du vendeur)?
A Vendor Disclosure Statement (Déclaration du vendeur) is a formal legal document used in Quebec for real estate transactions, property management, and tenancy arrangements. Create a Quebec Vendor Disclosure Statement (Déclaration du vendeur) for real estate sales. Governed by CCQ arts. 1716-1731 (warranty of quality). Disclose known defects, renovations, legal issues, water infiltration, environmental conditions, and building condition before closing. OACIQ-aligned seller disclosure. This document operates within Quebec's civil law (Civil Code of Quebec) framework and is designed to provide clear legal protection and certainty for all parties involved. These laws establish the legal requirements for valid agreements, the rights and obligations of the parties, and the remedies available in case of breach or dispute. Understanding the applicable legal framework is essential for drafting an effective Vendor Disclosure Statement (Déclaration du vendeur) that will be enforceable under Quebec law. The importance of having a properly drafted Vendor Disclosure Statement (Déclaration du vendeur) cannot be overstated. Without a clear, written agreement, parties risk misunderstandings, disputes, and potential legal liability. A well-drafted Vendor Disclosure Statement (Déclaration du vendeur) sets out the terms and conditions that govern the relationship between the parties, including their respective rights, obligations, and the procedures for resolving any disagreements that may arise. It serves as the primary reference point should any questions or disputes occur during the course of the arrangement. In today's regulatory environment in Quebec, compliance with legal requirements is increasingly important. A Vendor Disclosure Statement (Déclaration du vendeur) helps confirm that all parties are meeting their legal obligations and provides a clear record of the agreed terms for future reference. Using a standardized Vendor Disclosure Statement (Déclaration du vendeur) template offers several practical advantages. It confirms that all essential clauses are included, reduces the time and cost of drafting from scratch, and provides a professional framework that can be customized to suit specific needs. Whether you are an individual, a small business owner, or a large corporation operating in Quebec, having access to a well-structured template confirms consistency and completeness in your legal documentation.
When Do You Need a Vendor Disclosure Statement — Quebec (Déclaration du vendeur)?
A Vendor Disclosure Statement (Déclaration du vendeur) is needed whenever parties in Quebec wish to formalize their arrangement regarding real estate transactions, property management, and tenancy arrangements. There are numerous situations in which this document becomes essential for protecting the interests of all involved parties. In real estate, a Vendor Disclosure Statement (Déclaration du vendeur) is essential when entering into property transactions, establishing new tenancy arrangements, managing existing properties, or dealing with property-related disputes. Property transactions in Quebec are subject to specific legal requirements that must be carefully observed. You should also consider using a Vendor Disclosure Statement (Déclaration du vendeur) when there has been a change in circumstances that affects an existing arrangement, when you need to comply with new regulatory requirements, when you wish to update outdated documentation, or when professional advisors recommend formalizing certain aspects of your affairs. In Quebec, maintaining current and accurate legal documentation is considered best practice and can help prevent costly disputes. It is generally advisable to prepare a Vendor Disclosure Statement (Déclaration du vendeur) before any issues arise, rather than trying to document terms after a dispute has already begun. Proactive documentation provides clarity and reduces the potential for misunderstandings. If you are unsure whether you need this document for your specific situation in Quebec, consulting with a qualified legal professional can provide guidance tailored to your circumstances. The timing of executing a Vendor Disclosure Statement (Déclaration du vendeur) is also important. In Quebec, certain documents must be executed before specific actions are taken or within prescribed time periods to be effective. Delaying the preparation of necessary legal documents can result in complications, lost rights, or additional costs. Therefore, it is recommended to prepare this document as early as possible once the need has been identified.
What to Include in Your Vendor Disclosure Statement — Quebec (Déclaration du vendeur)
A well-drafted Vendor Disclosure Statement (Déclaration du vendeur) for use in Quebec should contain several essential elements to confirm it is legally effective and provides adequate protection for all parties. Party Identification: The document should clearly identify all parties involved, including their full legal names, addresses, and relevant identification numbers. For individuals in Quebec, this may include identity card or passport numbers. For companies, registration numbers and registered addresses should be specified. Clear identification prevents disputes about who is bound by the agreement. Recitals and Background: The document should include background information explaining the context and purpose of the arrangement. This helps establish the parties' intentions and can be important in interpreting the terms of the document if any ambiguity arises later. The recitals section provides valuable context for the operative provisions that follow. Operative Terms: The core terms and conditions should be set out clearly and thoroughly. This includes the rights and obligations of each party, any conditions or prerequisites, the duration of the arrangement, and any limitations or restrictions. All key terms should be defined precisely to avoid ambiguity and potential disputes. Payment and Financial Terms: Where applicable, the document should specify any payments, fees, deposits, or other financial considerations. The amounts, currency (CAD), payment schedules, and methods of payment should be clearly stated. Any provisions for late payment, interest charges, or adjustments should also be included. Term and Termination: The document should specify its duration, including the start date, end date or conditions for expiry, and any provisions for renewal or extension. The circumstances under which either party may terminate the arrangement early should be clearly defined, along with any notice requirements and the consequences of termination. Dispute Resolution: The document should include provisions for resolving any disputes that may arise, such as negotiation, mediation, arbitration, or litigation. In Quebec, parties may choose to specify the jurisdiction of Quebec courts and the applicable law. Including a clear dispute resolution mechanism can save significant time and expense if disagreements occur. Governing Law and Jurisdiction: The document should specify that it is governed by the laws of Quebec and that disputes shall be subject to the jurisdiction of Quebec courts. This is particularly important in cross-border transactions or where parties are based in different jurisdictions. Signatures and Execution: The document must be properly signed by all parties or their authorised representatives. In Quebec, certain documents may need to be witnessed, notarised, or executed as deeds to be legally effective. The date of execution should be clearly recorded, and each party should retain an original signed copy for their records.
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Forms Legal. (2026). Vendor Disclosure Statement — Quebec (Déclaration du vendeur) (Quebec) [Legal document template]. Forms Legal. https://forms-legal.com/quebec/real-estate/purchase-sale/vendor-disclosure-statement-quebec
"Vendor Disclosure Statement — Quebec (Déclaration du vendeur) (Quebec)." Forms Legal, 2026, https://forms-legal.com/quebec/real-estate/purchase-sale/vendor-disclosure-statement-quebec.
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title = {Vendor Disclosure Statement — Quebec (Déclaration du vendeur) (Quebec)},
year = {2026},
howpublished = {\url{https://forms-legal.com/quebec/real-estate/purchase-sale/vendor-disclosure-statement-quebec}},
note = {Free legal document template. Based on Civil Code of Québec (CCQ), Book Four: Property}
}Frequently Asked Questions
Under the Civil Code of Quebec, a seller (vendeur) of immovable property is bound by the warranty of quality (garantie de qualité) under arts. 1716-1731 CCQ, which requires the property to be free from latent defects (vices cachés) that the buyer was not aware of at the time of sale. A seller who knows of latent defects must disclose them — failure to disclose constitutes bad faith under CCQ art. 1375 and can give rise to damages, price reduction, or resiliation of the sale. Items that a Quebec seller should disclose include: known water infiltration, past flooding, or basement moisture; presence of pyrite, asbestos, mould, or contaminated soil; known structural defects (foundation cracks, roof damage, framing issues); prior or existing insurance claims related to the property; neighbourhood disputes affecting the property; legal proceedings involving the property; illegal or unpermitted additions or renovations; and any known issues with electrical, plumbing, heating, or drainage systems. The OACIQ's standard vendor declaration form (Déclaration du vendeur) provides a comprehensive framework for disclosure in broker-assisted transactions.
A Quebec seller who knowingly fails to disclose a latent defect (vice caché) to the buyer is exposed to serious legal consequences under the CCQ. The buyer who discovers the undisclosed defect may pursue several remedies under CCQ arts. 1726-1731: (1) a reduction of the purchase price (diminution du prix) proportional to the severity of the defect; (2) resiliation of the sale (resolution of the contract of sale) if the defect is so serious that the buyer would not have bought the property had they known of it; (3) damages for all costs reasonably incurred as a result of the defect, including costs of repair, temporary housing, professional fees, and other consequential damages; and (4) if the seller's non-disclosure was fraudulent or in bad faith, the court may award punitive damages under CCQ art. 1621. An 'as is' clause in the purchase agreement does not protect a seller who knew of the defect and deliberately concealed it, pursuant to CCQ art. 1733 al. 2.
A sale without legal warranty (vente sans garantie légale, commonly called 'as is' or 'à titre d'investissement') under CCQ art. 1733 allows a seller to contractually exclude the warranty of quality — shifting the risk of unknown defects to the buyer. This exclusion is valid and enforceable for unknown defects that the seller was not aware of at the time of sale. However, the exclusion is expressly ineffective against a seller who knew of the latent defect at the time of sale (art. 1733 al. 2 CCQ). As a result, an 'as is' clause protects the seller from claims about defects the seller did not know about, but it does not protect a seller who deliberately concealed a known defect. Sellers who sell with a 'no warranty' clause must still complete a vendor disclosure statement honestly — indicating any defects they are aware of — since failure to disclose known defects, even with an 'as is' clause, constitutes bad faith and grounds for a claim.
In Quebec real estate transactions conducted through a licensed real estate broker (courtier immobilier) governed by OACIQ, the use of OACIQ's standard vendor declaration form (Déclaration du vendeur sur l'immeuble) is required under OACIQ practice regulations. In private sales (ventes de gré à gré) conducted without a real estate broker, there is no legal requirement to use a specific form — but the seller's obligation to disclose known latent defects under CCQ arts. 1726-1731 applies regardless. A written vendor disclosure statement is strongly recommended in all transactions because it creates a documented record of what the seller knew and disclosed at the time of sale, which is critical evidence in any subsequent latent defect claim. The seller should complete the disclosure form honestly and comprehensively, based on their personal knowledge, and should not withhold information out of concern about the impact on the sale price.
A Vendor Disclosure Statement — Quebec (Déclaration du vendeur) does not legally require a lawyer in Quebec, and individuals and businesses may draft and execute the document independently. However, seeking independent legal advice from a qualified Quebec lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Superior Court of Québec has jurisdiction over disputes arising from this type of document, and Registraire des entreprises du Québec may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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