Accuracy and verification of information

The real estate broker must ensure that the rights and obligations of the parties to a transaction are recorded in writing and reflect adequately their will. In addition, he must always be capable of proving the accuracy of the information he provides to the public or to another licence holder.

This principle of verification of information must be respected throughout the purchase or sale process, since the agency’s or broker’s liability is incurred as soon as he affirms, publishes or allows someone to send information to the public. Therefore, we emphasize the importance of obtaining real estate information from the best available source. However, since there are several online search tools, we remind you that the Index of immovables of the Land Register remains the source of information that you must use to identify owners, creditors and all the rights and restrictions affecting an immovable.

Description sheet

Any information that cannot be verified or documented by the broker should not be included in the description sheet. The broker must place in the agency’s record all documents proving the accuracy of information.

For example, here are some related documents that should be placed in the agency’s record when information is included in the description sheet: 

• Renovations or work: invoices, plans and estimates, construction permit;
• Owner’s identity: Index of immovables of the Quebec Land Register and deed of sale;
• Year of construction: certificate of location and assessment roll;
• Tax amounts: municipal and school tax statements for the current year;
• Property value; assessment roll (municipal evaluation) for the current year.

The agency or broker must supply the client with a copy of the description sheet so that he can ensure that it accurately reflects reality. It is also important that informative texts must be chosen diligently and prudently. For example, the expression "in excellent condition" must not be used for a house requiring major repairs.

Moreover, the broker must send the full description sheet to the seller and ensure that the seller has read the published information, which will allow him to correct the document, if necessary, and to keep all the documents proving the accuracy of the published information. 

The Declarations by the seller of the immovable form

Even though this form includes the seller's declarations about his property, the broker must assist and advise the seller to complete it and must ensure that he responds according to his knowledge of the condition of the immovable. 

The documents supporting the declarations included in the form must be placed in the agency's record. When these documents are not available, the broker must explain the reason in the appropriate section of the form. The broker must also take the appropriate steps to obtain the documents and question the seller on his declarations.

Remember that clause D15 of the DS form can be used not only to indicate the major improvements made to the immovable, but also to specify any positive answer entered on the form. If additional space is required, an Annex G related to the form should be used.

In summary 

The Declarations by the seller of the immovable form and the description sheet are essential tools for all brokers, since they are the basis for providing information to the public. The brokers’ role is not limited to taking for granted what the seller gives as information. Brokers must obtain the relevant documents to support the declarations. They must also check the previous Declarations by the seller of the immovable forms and description sheets, which are easily accessible to all brokers who are members of a real estate board.

Given the foregoing, brokers are required to maintain the Declarations by the seller of the immovable form and the description sheet up to date so that the information provided to the public reflects the reality at all times. 

For further information, please contact Info OACIQ.