Declaration of the Seller
The Declaration of the Seller form lets you give a potential buyer useful information about your property. Completing the form is not mandatory, but it is highly recommended to do so the moment your property is listed. It only takes a few minutes and is a good way to reveal everything there is to know about the property to your buyer so your transaction will be 100% transparent.
Homeowners must fill out the Declaration of the Seller to the best of their knowledge. By honestly providing the following information, you will be showing that you are acting in good faith:
- Identification of the seller (name, contact information, etc.)
- General information about the property (year it was built, year it was purchased, etc.)
- Problems to declare (visible defects and factors that reduce the property’s value, like a water infiltration or insulation problem)
- Renovations and work done on the property
This will help the potential buyer trust you and will reduce the risks of the transaction falling through. The buyer will not be surprised if they have a home inspection done and it reveals a problem that you have already declared.
Advice from a notary
The Declaration of the Seller is a good tool to avoid legal action down the road, because any problems that are declared in this document cannot later be deemed a hidden defect.
It is important to sign the Declaration of the Seller and to have the seller sign the acknowledgement of receipt provided. This will serve as proof that you gave the information to the buyer.
If you have any questions about legal documents, do not hesitate to contact our team of notaries!*
You can download the Declaration of the Seller form in My DuProprio.
FAQ
When should I show buyers my Declaration of the Seller
You do not need to show it to every single visitor. Rather, present it to buyers who request a second visit or are thinking of presenting an offer. Since the Declaration informs the buyer of the property’s condition, it is best to provide it before the buyer draws up an offer, so that the offer reflects what the buyer is willing to pay for the property, in full knowledge of any issues.
How do I discuss old defects, which have been repaired, without scaring off a potential buyer?
If work had to be done to repair a significant defect or problem, the best way to reassure a buyer is to show how the problem was solved, using the repair bill as proof. You can use the Declaration of the Seller form to communicate this information to a potential buyer.
Legal notice
The information on this page does not constitute a legal opinion and must not be construed as such, nor reproduced. It is provided for informational purposes only. It is advisable to consult a notary to obtain a legal opinion on a given situation.
*Depending on the package selected.