OACIQ seller’s disclosure statement: complete 2026 guide

The seller’s declaration, known as the DS form, is the most consequential document you will sign before the promise to purchase: it binds your liability for years, even after the sale closes. This guide explains what the OACIQ requires you to disclose, what you risk if you omit something, and how to fill out the form without exposing yourself. For a section-by-section analysis, see our article on the 12 critical points of the seller’s declaration.

What is the OACIQ seller’s disclosure statement

The form “Declarations by the Seller of the Immovable” is an official document of the Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ). It has been mandatory since July 2012 whenever a real estate broker is involved in the sale of a chiefly residential immovable with fewer than 5 dwellings.

The form is attached to the promise to purchase and forms an integral part of it. Its role is twofold: informing the buyer of the property’s actual condition, and protecting the seller. This principle is central: a problem disclosed in black and white cannot be held against you later. The buyer purchased with full knowledge of the facts.

What must be disclosed

The basic rule: you disclose everything you know, you do not guarantee what you do not know. Concretely, the form covers in particular:

• Water infiltration: past or present, even repaired (basement, roof, windows).
• Foundation and structure: cracks, settlement, repairs carried out.
• Roof: year of replacement, known leaks.
• Losses and insurance claims: fire, water damage, sewer backup.
• Easements and encroachments: right of way, public utility easement, neighbour’s fence.
• Work carried out: with or without permits. An extension built without a permit must be disclosed.
• Systems: plumbing, electrical, heating, air exchanger, known issues.
• Known contaminants: asbestos, vermiculite, pyrite, former oil tank.
• Water and septic in rural areas: well, septic system, compliance, water quality.

When in doubt about an item, the “I do not know” box exists precisely for that. It is honest and it protects you, unlike a guessed “no”.

Consequences of a false declaration

A deliberate omission or a false answer turns a simple disagreement into a legal file. A buyer who discovers a problem you knew about can claim a reduction of the sale price, damages, and in serious cases ask for the cancellation of the sale for fraud (dol).

A key point many sellers ignore: your liability survives the signing at the notary. A claim can be filed years after the transaction, with expert reports, lawyers and procedures that drag on. Even a sale without legal warranty, a common and legitimate formula in Quebec, particularly in estate sales, does not protect you against a false declaration: hiding a known defect remains sanctioned by the courts, warranty or not.

Practical tips for filling out the form

1. Fill it out with your broker. The OACIQ broker has the obligation to guide you through this exercise and knows the pitfalls of each section.

2. Answer every question. A section left blank raises more questions than an honest answer, and can delay the promise to purchase.

3. Attach your documents. Renovation invoices, previous inspection reports, insurance claims: each attachment strengthens your credibility and documents your good faith.

4. Keep the DS up to date. If anything happens between the signing of the form and the notarized deed (water damage, heating failure), you must disclose it.

Hamza Taleb, OACIQ broker with RE/MAX (438 877-8525), assists sellers across Quebec with the preparation of the seller’s declaration and the listing strategy.

FAQ: OACIQ seller’s declaration

Is the seller’s declaration mandatory in Quebec?
Yes, whenever a broker is involved in the sale of a chiefly residential immovable with fewer than 5 dwellings. The form is attached to the promise to purchase.

What must the seller disclose?
Everything they know: infiltration, foundation, roof, losses, easements, work with or without permits, systems, known contaminants. You disclose what you know, you do not guarantee what you do not know.

What does a seller risk with a false declaration?
Price reduction, damages, even cancellation of the sale for fraud. Liability survives the notarized deed.

Does selling without legal warranty exempt you from the DS form?
No. The DS remains mandatory and hiding a known defect remains sanctioned, even without legal warranty.

How do you fill out the form properly?
With your broker, answering everything, attaching your documents, and keeping the declaration up to date until the notarized deed.