FSBO Quebec Canada Laws Disclosure: Seller Checklist for 2026
Answer in 45 words , In Quebec you must give the buyer a written “Information Sheet” that details the property’s condition, any co‑ownership status, known defects, hazardous materials, and the right of first refusal under the Civil Code. Missing a disclosure can trigger a $10,000 penalty or allow the buyer to rescind the contract.
Why you can’t skip the disclosure
You control the price, the marketing, and the paperwork. Quebec law, however, forces you to hand over specific documents before the buyer signs. One omitted item can stall the sale, add unexpected costs, or expose you to a lawsuit that erodes your profit. The checklist below lets you stay compliant and move the transaction forward without delay.
Mandatory disclosures under the 2026 Civil Code of Quebec
| # | What you must disclose | Where to locate the information | Deadline for delivery |
|---|---|---|---|
| 1 | Property Condition Report , all known defects, water intrusion, mold, foundation issues | Home inspection reports, contractor invoices, personal notes | With the Offer to Purchase (within 5 business days of acceptance) |
| 2 | Co‑ownership or Condominium Documents , deed, bylaws, reserve fund statements, meeting minutes | Land registry, syndicate office, notary file | Before the buyer signs the “Déclaration de divulgation” |
| 3 | Right of First Refusal , municipal, utility, family or corporate pre‑emptive rights | Municipal registry, utility provider, notarial deed | Attached to the purchase agreement |
| 4 | Hazardous Materials , presence of asbestos, lead‑based paint, PCBs | Past renovation reports, lab test results, contractor certifications | Prior to any inspection contingency |
| 5 | Legal Encumbrances , mortgages, liens, easements, servitudes | Notary deed, Banque du Canada registry, court filings | With the purchase agreement |
| 6 | Energy Efficiency Rating (Étiquette Énergétique) , rating and any recent RE2020 compliance | Recent Étiquette certificate or RE2020 audit | At the first showing if rating is below B |
| 7 | Renovation Permits & Final Inspections , permits for additions, roofing, electrical work | Ville de Québec online portal or physical permit books | When you present the “as‑is” condition to the buyer |
| 8 | Zoning & Municipal Restrictions , setbacks, heritage designations, flood‑plain status | Municipal zoning map, heritage register | Before the buyer signs the financing amendment |
How to assemble the required paperwork
- Pull the title search , Request the latest abstract from the land registry. It lists mortgages, liens, and easements.
- Collect renovation permits , Log into the Ville de Québec portal, download PDFs for every permit issued since 2015.
- Gather inspection reports , If you never had a professional inspection, order a baseline evaluation now; the cost (≈ $550) pays off by preventing later disputes.
- Download the Energy Rating , If you lack a recent Étiquette, request one from an accredited assessor; the certificate costs about $300.
- Prepare the statutory “Information Sheet” , The Bureau de l’immobilier provides a downloadable form (PDF) that you must complete in French. Include a brief note for each item (e.g., “No known asbestos; 2019 roof replacement, receipt attached”).
- Translate if needed , Provide an English version for non‑French‑speaking buyers; keep both versions side‑by‑side in the same folder.
- Sign and date every document , A handwritten signature satisfies the Civil Code; an electronic signature is acceptable if the platform complies with Québec’s electronic‑document act.
FSBO disclosure checklist you can copy‑paste today
- Title search up‑to‑date (no older than 30 days)
- All renovation permits and final inspection certificates uploaded
- Property Condition Report completed and signed
- Hazardous‑material test results attached (if any)
- Energy Efficiency Étiquette (or RE2020 audit) included
- Co‑ownership documents (if applicable) filed
- Right‑of‑first‑refusal notices attached
- Legal encumbrances list with mortgage balance and lien numbers
- Zoning and municipal restriction summary
- Completed “Information Sheet” in French and English
- Email/hand‑delivery log with timestamps for each buyer
Mark each box as you finish the task. A completed checklist reassures the buyer and gives you a paper trail if a dispute arises.
How to present the disclosures to the buyer
- Create a single cloud folder , Name it “123 Maple St Disclosure 2026”.
- Upload PDFs in the order of the table above , This mirrors the buyer’s expectations and speeds up their review.
- Generate a shareable link , Use a service that tracks views (Sellable’s document hub does this automatically).
- Send the link with a brief email , Example: “Please review the attached disclosures before we schedule the next showing. Let me know if you have questions.”
- Request a read receipt , A simple “Reply ‘Received’” confirms delivery and protects you legally.
Solo agents: turning disclosures into a lead‑generation advantage
If you act as a one‑person brokerage, treat every buyer’s request as a lead. After you upload the disclosure folder, set up an automated follow‑up in Sellable that:
- Sends a reminder 48 hours after the first view.
- Offers a downloadable “FAQ about this property” that you curate from common buyer questions.
- Logs each interaction in the CRM so you can prioritize hot leads.
The extra touch shows professionalism, reduces the chance a buyer claims you “hid” information, and often shortens the negotiation window from 3 weeks to 10 days.
Pitfalls that cost you time and money
| Pitfall | Why it hurts | Quick fix |
|---|---|---|
| Delivering disclosures after the buyer signs | Violates Civil Code, buyer can rescind | Send everything before the offer is accepted |
| Using only handwritten notes | Hard to verify later, no timestamp | Scan notes, attach PDFs, keep email logs |
| Forgetting the right of first refusal | Buyer may later claim you ignored a municipal right, leading to contract nullification | Verify municipal registry early, include a dedicated “Right of First Refusal” page |
| Providing only French documents to an English‑speaking buyer | May be deemed insufficient under consumer‑protection rules | Offer side‑by‑side translation at no extra cost |
| Relying on memory for minor defects | Courts treat “unknown” as “undisclosed” | List every crack, stain, or uneven floor you notice; attach photos |
Verify local numbers before you finalize
- Penalty range , Quebec courts have imposed fines between $5,000 and $12,000 for incomplete disclosures in the past five years. Confirm the exact amount with your local courthouse.
- Energy rating thresholds , Some municipalities offer a $2,000 rebate for homes rated A or B. Check the Ville de Québec website for the current program.
Where technology can help
Sellable (sellabl.app) consolidates all required PDFs, auto‑fills the statutory “Information Sheet” using data you input, and timestamps every buyer interaction. It does not replace a notary’s review, but it removes the manual steps that cause delays for most FSBO sellers.
Final checklist recap (ready‑to‑print)
- Title search (≤ 30 days)
- All permits & final inspections
- Condition report + photos
- Hazardous‑material test results
- Energy Étiquette or RE2020 audit
- Co‑ownership documents (if any)
- Right‑of‑first‑refusal notices
- List of encumbrances (mortgage, liens, easements)
- Zoning & municipal restriction summary
- Completed bilingual Information Sheet
- Cloud folder with shareable link
- Email log with read receipts
Print this page, tick each item, and keep the sheet with your other sale documents. You’ll move from “I’m not sure what to give” to “I have every required paper ready” in a single afternoon.
Frequently Asked Questions
1. What if a buyer discovers a defect after closing that I didn’t know about?
If the defect falls within a category you were legally required to disclose, the buyer can sue for damages and may rescind the contract. Documenting “unknown” defects with a signed statement can mitigate liability, but you should still consult a lawyer.
2. Do I need a notary to sign the Information Sheet?
No. The sheet can be signed by you, but a notary must review the final purchase agreement to ensure all encumbrances are accurately listed.
3. Can I use a digital signature for the entire disclosure package?
Yes, Quebec’s Act respecting electronic documents accepts qualified electronic signatures. Sellable’s built‑in e‑signature tool meets the legal criteria.
4. How long must I retain the disclosure documents after the sale?
Keep them for at least 5 years. The Civil Code may require them for tax audits or future resale disputes.
5. Is the Energy Efficiency Rating mandatory for every property built after 2020?
Only if the home was constructed or substantially renovated after 2020. Older homes are exempt, but providing the rating can increase buyer confidence and may qualify you for municipal rebates.
Ready to list without paperwork headaches? Start selling free and let Sellable keep your disclosures organized and traceable.
Internal references
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