Buying without a broker: the 12 documents, in order

Buying privately, on DuProprio or from a neighbour, means doing yourself the verification work a broker normally frames. Twelve documents are enough, if you ask for them in the right order: three before the visit, six before the offer, three before the notary. Here is the list and the order.

What nobody will do for you

A private seller is not subject to the Real Estate Brokerage Act. No one is obliged to verify the facts they give you, and you have no recourse to the OACIQ. That is not a reason to walk away: a well-documented private sale is worth a brokered one. It is a reason to do two things early.

First, choose your notary before you make an offer, not after. In Quebec the buyer chooses the notary and pays the fees; the Home Judge evaluator budgets $2,000 by default for that line. A notary consulted two weeks earlier will tell you which documents they will require anyway.

Second, write your conditions down. Inspection, financing, examination of title, review of the co-ownership documents: each with a deadline and a right to withdraw. A promise to purchase with no conditions is a promise to purchase with no way out.

Before the visit: documents 1 to 3

1. The seller's declaration (déclaration du vendeur, DV). The form in which the seller writes what they know: water infiltration, cracks, losses, work done, disputes, a former oil tank. A private seller is not required to use it, which is precisely why you should ask: what is written there binds them, even where the legal warranty (garantie légale) is excluded. A refusal to fill it in is an answer in itself.

2. The municipal and school tax bills, and an extract from the assessment roll. The bills give you the real figure for your monthly budget; the extract gives the roll value, the roll year, the lot area and the building area. Compare those areas to the ones in the ad: it is the first place a private listing contradicts itself.

3. The certificate of location (certificat de localisation). Prepared by a land surveyor, it shows boundaries, encroachments, servitudes and compliance with by-laws. Look at its date and ask whether any work has been done since. A certificate that no longer reflects the property will have to be redone, and both your lender and your notary will require it.

Before the offer: documents 4 to 9

4. The title deed and the land register index. The deed by which the seller acquired, plus the entry in the Registre foncier. It shows hypothecs, published servitudes and rights of way. Your notary will examine title, but read the deed: it often carries the clauses that will reappear in yours.

5. The energy consumption history. Twelve to twenty-four months from Hydro-Québec, plus gas or oil bills where relevant. It is the only figure that says what the house really costs to heat, and it replaces every estimate.

6. Invoices and warranties for major work. Roof, windows, foundation, French drain, electrical entrance, plumbing, heat pump (thermopompe), water heater. Ask for invoices, not remembered dates: an invoice carries a contractor's name, an RBQ licence and a warranty that may be transferable.

7. Municipal permits and zoning confirmation. A permit for every significant job. From the urban planning department, confirmation of the authorized use, setbacks, zoning and any acquired right. This is where an unauthorized basement apartment or an unpermitted extension surfaces.

8. The co-ownership documents, if the property is a condo. Declaration of co-ownership and building by-laws, minutes of recent meetings, financial statements, current budget, the amount of the fees, the maintenance logbook and the contingency fund study, plus a letter from the syndicate confirming that the seller is not in arrears and that no special assessment has been voted. This is the slowest block to obtain: ask for it first in this series.

9. Well, septic and servitude documents, off the municipal network. A recent water analysis, the septic installation permit, a compliance attestation, proof of pumping, and any access or right-of-way servitude. Without water and sewer services these papers are worth as much as the inspection.

Before the notary: documents 10 to 12

10. Insurance and claims history. The seller's loss record tells you whether the house has already flooded, burned or backed up. In parallel, ask for an insurance quote in your own name: an insurer who hesitates is telling you something no one else will.

11. Expert reports that already exist. A previous inspection, a backfill analysis, a drain camera survey, an environmental characterization, a roof report. A seller who has one and does not hand it over deserves a written question.

12. Discharges, balances and proof of payment. The hypothec balance to be discharged, municipal and school taxes paid, condo fees up to date, releases from contractors. Your notary will ask for these; having them early avoids a postponed signing.

The order matters

The first three documents decide whether the house is worth a visit. The next six set a price and shape your conditions. The last three close without surprises. Ask in that order, in writing, as a single numbered list: an organized private seller will answer within days, and the way they answer will teach you as much as the documents.

One last calculation not to forget: the welcome tax (taxe de bienvenue) will arrive months after signing, calculated on the greater of the price paid and the indexed roll value. In a sale without a broker, nobody will remind you.

FAQ

Do I need a broker to buy in Quebec?

No. Nothing requires one. You do give up the framework of the Real Estate Brokerage Act and any recourse to the OACIQ, and you take the verification work back on yourself.

Does a private seller have to complete a seller's declaration?

Not the way they would in a brokered transaction, but they may, and you can make it a condition of your offer. What they write binds them.

Who pays the notary in a private sale?

The buyer chooses the notary and pays the fees; the seller pays the costs of discharging their hypothec. Ask for a written estimate before you retain anyone.

Is the seller's certificate of location enough?

Only if it reflects the property as it stands today. An addition, a pool, a shed or a fence added since it was prepared makes it inaccurate, and your lender will require a current one.

What if the seller refuses to provide a document?

Note the refusal in writing, fold it into your inspection condition, and treat it as a price factor. A missing document is not neutral: it is a risk you are agreeing to carry.