Learn real estate in Montreal Quebec Canada to privately sell a house
Welcome! Selling a house privately in Quebec is highly rewarding, and doing it in Montreal comes with a unique set of rules, particularly around legal steps and documentation. Before we dive into the step-by-step roadmap, I would love to know a bit more about your situation so I can tailor this guide perfectly for you.
I have sold a home elsewhere, but I am new to the Quebec real estate system.
It is great that you already have experience selling a home, but Quebec's system operates under civil law rather than common law, which introduces some unique differences.
The Role of the Notary in Quebec
Who chooses and pays the notary?
To keep things simple, the buyer pays the notary's fee for drafting the Deed of Sale and performing the title search, which usually ranges from $1,500 to $3,000 depending on the complexity of the file.
Now that you know who manages the legal side, let's look at the actual timeline of a private sale in Quebec so you know exactly what to expect from listing to handing over the keys.
A horizontal sequence showing the 5 sequential stages of a home sale in Quebec from preparation to signing.
This visual roadmap shows how the transaction flows. Since you are selling privately, you will be guiding the ship through the first three phases before handing the legal wheel over to the notary in step four.
Before we look at the specific documents you need to collect to get started, do you want to run through what happens during that critical 'Offer to Purchase' step?
Tell me more about the Offer to Purchase step
The Offer to Purchase—or Promesse d'achat as it is officially called in Quebec—is the heart of your entire transaction. When you sell privately, this isn't just a casual agreement; it is a legally binding contract that sets the entire legal machinery in motion once both you and the buyer sign it.
What Makes up a Quebec Offer to Purchase?
Unlike other provinces where standard real estate forms are tightly controlled by local real estate boards, private sellers in Quebec often use standardized templates from services like DuProprio or drafts prepared by their notary.
No matter where the template comes from, a valid must contain several non-negotiable elements to protect both parties and ensure the sale is legally enforceable under Quebec civil law.
| Key Clause | What It Means for You as the Seller |
|---|---|
| Purchase Price | The exact dollar amount the buyer is offering (written in $) |
| Conditions | Contingencies like securing a mortgage, a clean home inspection, or reviewing the co-ownership documents |
| Deadlines | Strict timeframes for the buyer to meet their conditions (typically 7 to 14 days) |
| Inclusions & Exclusions | Exactly which appliances, light fixtures, or window coverings stay with the house |
| Closing & Possession Dates | The specific dates when the notary signs the final deed and when the buyer gets the keys |
Because you don't have an agent, you will be reviewing these timelines and terms yourself. Once a buyer submits an offer, you have a set timeframe to accept it, reject it, or write a counter-offer. If you write a counter-offer, the original offer becomes completely void, and the ball is back in the buyer's court.
Before we look at how to handle these negotiations, let's explore the crucial seller disclosures you are legally required to provide alongside this offer.
Continue to Quebec seller disclosures and mandatory documentation
Let's dive straight into disclosures and documentation because in Quebec, keeping your paperwork flawless is your best defense against post-sale legal headaches.
The Mighty Declaration of the Seller
In Quebec, the most important disclosure document is called the Declaration of the Seller (officially the ). Think of this form as a comprehensive health report for your home where you must list everything you know about the property's history, both past and present.
| Category | What You Must Disclose |
|---|---|
| Water & Moisture | Any history of roof leaks, basement flooding, or sewer backups |
| Structure | Known cracks in the foundation, structural shifts, or load-bearing wall changes |
| Environmental | The presence of asbestos, pyrite, mold, or an old underground oil tank |
| Renovations | Work completed, especially if done without official city permits |
| Neighborhood Issues | Ongoing water contamination, soil instability, or major zoning changes |
The Certificate of Location
Next is the , which is a highly detailed report prepared by a land surveyor. It outlines the exact physical boundaries of your property, identifies any encroachments (like a neighbor's fence on your land), and confirms your property complies with current municipal bylaws.
If your current certificate is outdated or doesn't reflect your latest backyard deck or pool, you will need to order a new one immediately. This process can take several weeks and cost between $1,500 and $2,500, so it's best to initiate it before finding a buyer.
Let's make sure this lands. If a seller in Montreal knows about a past roof leak that was professionally repaired and hasn't leaked since, are they still legally required to list it in the Déclaration du vendeur?