Seller's Declarations in Quebec: What an “I Don't Know” Answer Is Worth

You are reading the seller's declarations for a house you like, and several questions are answered “do not know”. The seller is not hiding anything; they are saying they do not have the answer. The form allows it, but the answer tells you nothing about the property itself. In other provinces this document is often called a property disclosure statement; in Quebec it is a mandatory OACIQ form when a broker is involved. This article covers what a “do not know” answer is worth legally, what it does not erase, and how to turn it into a verification before you commit. For a section-by-section reading of the form, see our article on the 12 critical points in the seller's declaration.

A form answered “to your knowledge”

When a broker handles the sale of a chiefly residential property with fewer than five dwellings, the seller completes the OACIQ form called Declarations by the Seller of the Immovable (in French, Déclarations du vendeur sur l'immeuble, usually shortened to DV). Divided co-ownership, what the rest of Canada calls a condo, has its own version.

The sections of the form open with the words “to your knowledge”. The seller answers to the best of their knowledge and in good faith. They declare what they know, not what is. That is the key to reading a “do not know”: it describes the seller's knowledge, not the condition of the house.

Where “do not know” is allowed, and where it is not

Most questions on the form only offer “yes” or “no”. The “do not know” box appears on certain questions only, generally those an owner could reasonably be unable to answer: an installation date, a technical detail, something that predates their purchase.

The form also has a section, D15, where the seller explains why one or more questions were left unanswered. Read it first when several answers are missing. A specific explanation, such as “I never lived in the property”, reads very differently from no explanation at all.

What the answer does not erase

A “do not know” takes nothing away from the legal warranty of quality, Quebec's version of protection against latent defects. Article 1726 of the Civil Code of Québec requires the seller to warrant that the property is, at the time of sale, free of latent defects that make it unfit for its intended use or that reduce its usefulness so much that the buyer would not have bought it, or would not have paid so high a price. That warranty applies whether or not the seller knew about the defect. Only a sale expressly made without legal warranty changes this, and that is a separate topic.

The same article says the seller is not bound to warrant an apparent defect, meaning one a prudent and diligent buyer could notice without calling in an expert, nor a latent defect the buyer already knew about. A “do not know” is a signal to the buyer. If you ask no follow-up questions, it becomes harder to argue later that you had no reason to look.

So the answer guarantees nothing either way. It does not say there is a problem, and it does not say there is none. It moves the work of verification to you.

Turning each “do not know” into a verification

A simple three-column list does the job: the unanswered question, the source that can answer it, and who will check. The usual sources are:

• The pre-purchase inspection, for the visible condition of the roof, windows, drainage and electrical system. Give the inspector your list of “do not know” answers before the visit.
• The seller's documents: renovation invoices, warranties, equipment rental contracts, earlier inspection reports.
• The municipality, for building permits issued at the address and any known notices or violations.
• The notary, who in Quebec handles the title search and closing, for easements and rights published in the land register.
• A targeted expert opinion when the stakes justify it: French drain, foundation, well water quality.

The goal is not to have everything tested. It is to decide, question by question, whether the unknown is acceptable or needs checking before your offer becomes firm.

Get clarifications in writing

A clarification given out loud during a visit leaves no trace. If the seller can complete an answer, for example by finding an invoice, ask for the clarification to be added to the form or recorded in an attached document, and for the supporting papers to be handed over.

In the promise to purchase, Quebec's standard offer form, the inspection condition and the deadlines agreed for obtaining and reviewing documents give you the time to do these checks. If one answer matters a great deal to you, your broker can also propose a specific seller declaration to include in the promise. What is written can be reread; what was said in a kitchen cannot.

When “do not know” answers pile up

Some sellers simply cannot answer many questions, and their good faith is not in doubt:

• An estate. The liquidator, Quebec's term for an executor, has often never lived in the property. The form expressly lets them state in D15 that they are unable to answer a question. The other particularities of this case are covered in our article on buying a property from an estate in Quebec.
• An investor who rented the property out without living there and knows only what tenants reported.
• A recent owner, who does not know what happened before their own purchase.

In all three cases, the number of “do not know” answers says nothing about the condition of the house. It only says the information will have to come from somewhere else. Set condition deadlines long enough to go and get it.