About this video. The person on screen is an AI-generated avatar in my likeness. The voice is mine, cloned from recordings of my own voice, and the edit adjusts the sound. The image and voice may therefore differ from my real appearance and speech. The text is written and approved by me, and I am fully responsible for it. This process lets me publish regularly; it changes nothing about what is said. This video is in French, and the OACIQ form quoted here is the official French form — a full English transcript is provided below.
Hello. Today, the Seller’s Declaration: the form you fill out before putting your property up for sale.
The question, as people ask it: “what must I declare in the Seller’s Declaration”
The box on page 1: what the form really asks of the seller
The standard is written on page one of the form: “to the best of their knowledge and in good faith.” Not expert. Honest.
Page one, before the first question, there’s a box. Let me read it to you.
“The declarations in this form are important. They allow the seller to properly inform the buyer about the condition of the immovable, which reduces the risk of a lawsuit tied to bad surprises. They promote transparency and let the buyer make a decision with a better knowledge of the immovable.”
Then the form lists what it lets the seller do. First point, and it’s the most important sentence in thirteen pages: “answer each question to the best of their knowledge and in good faith.”
Remember the end of that sentence. You’re not asked to be an expert on your building, and you’re not asked to guarantee its condition. You’re asked what you know.
And it’s my job to go through the questions with you, one by one.
D2.10 and D2.11: when a new certificate of location might be required
A pool, a shed, a moved fence. The form itself warns that a new certificate of location might be required.
Section D2. Two questions, and it’s the warning that follows them that matters.
D2.10: “Since you acquired the property, has the parking space, the right of way, the fence, the hedge or the low wall separating you from your neighbour been changed, moved or replaced by you or your neighbour?”
D2.11: “Since you acquired the property, has there been any addition, replacement or modification, notably of windows, a pool, a shed, a sidewalk, a paved driveway, fences, a porch, a deck, hedges, low walls or other?”
And the warning, printed just below: “If you answer yes to questions D2.8, D2.9, D2.10 and D2.11, a new certificate of location might be required if the one provided does not reflect those changes.”
A pool, a shed, a moved fence. That’s where the question of the certificate of location comes up — to be raised with your notary.
D2.12 to D2.14: notices of non-compliance and insurance refusals
Three questions on the form deal with your insurance. Your insurer has kept the history. Ask for it before you tick a box.
We stay in section D2, with three questions that read together.
D2.12: “Have you ever received a notice of non-compliance from an insurance company, the municipality or the government?” And if so: “did you remedy the situation?”
D2.13: “Has an insurance company ever refused to insure the immovable in whole or in part?”
D2.14: “Has an insurance company ever refused to indemnify you for damage to the immovable?”
Three questions that deal with things written down somewhere. A notice of non-compliance is a letter. A refusal is a dated decision.
Your insurer keeps that history. Ask for it before ticking a box: you’ll answer from a document, not from memory.
D4: water infiltration and leaks, place by place
The second list in section D4 is the washer, the dishwasher, the water heater. A hose that burst six years ago belongs there.
Section D4, water damage. Two questions, and it’s the lists that do the work.
D4.1: “Has there ever been water infiltration?” If yes, where? And the list of boxes: basement or crawl space, roof, deck, balcony, sunroom, skylight, door, window, chimney, other.
D4.2: “Has a water leak ever caused damage?” If yes, where did the leak come from? Dishwasher, washer, refrigerator, water heater, toilet, shower, bath, other.
Re-read the second list. A washer hose that burst six years ago belongs there. It’s not a question about the condition of your building, it’s a question about what happened to you.
And in D15: where, when, how it was resolved.
D13: inspection reports and expert assessments already done
The inspection report you received when you bought the house still exists. Section D13 targets it.
Section D13, inspection reports and other expert assessments.
D13.1: “Has the immovable ever been inspected?” If yes: “can you provide those reports?” And if no: “why?”
D13.2: “Besides those already mentioned, have any tests or expert assessments been carried out on the immovable,” and in parentheses, the printed list: “pyrite, pyrrhotite, radon, ochre deposit, urea-formaldehyde foam insulation,” which the form abbreviates UFFI, then “asbestos, air quality, water quality or flow, foundation drain, or other.”
The inspection report you received when you bought the house still exists, and that question targets it.
A tip if you no longer have it: contact the inspector who did it. They keep their files and can provide you a copy.
A document found is worth more than a box ticked without it.
D14.4: the work, the plans and specifications, and the permits issued
The form doesn’t ask whether the permits were applied for. It asks whether they were issued. That’s not the same question.
We move to section D14. Question D14.4, as written: “Besides those already mentioned, has any major work been done on the immovable,” and the form adds in parentheses, before the question mark: “modification of the room layout, change of floor covering.”
If you answer yes, two sub-questions follow. “a) Were plans and specifications prepared for that work?” “b) Were the required permits issued for each of those jobs?”
Issued. Not applied for, not planned. Issued.
Many people don’t know what was issued, especially for work done before their time. It can be checked before ticking: your municipality’s urban planning department keeps the permit registry.
Section D15 — Details: where, when, by whom, and the invoice
Ticking “yes” without detail leaves a question open. Ticking “yes” with a date and an invoice closes the file.
Here is where the answers take on their value. The box on the first page announced it: the form lets the seller “provide the broker with the available documents that support their answers” and “add details to the answers they give.” All the details go to the same place: section D15.
D15 is an almost empty page, two columns: the clause number, and the detail. That’s where the declaration takes on its value. Here is what the form asks you to write there, word for word: “the information and details of the situation to be declared, such as the place, the year and how the situation was resolved, if applicable,” and in parentheses: “invoices, description of the problem or of the work done; where, when, how and whether the problem is resolved.”
A crack: repaired by whom, in what year, with what warranty on the work, and the invoice on file. An infiltration: where, what was done, by whom, when, and the invoice.
Ticking “yes” without D15 leaves a question open. Ticking “yes” with a dated detail and an invoice closes the file.
D16: what your signature commits you to do afterward
The clause almost no one notices: the seller undertakes to notify their broker of any information obtained after signing.
Last section, D16, the signatures. Three sentences before yours.
“By signing, the SELLER agrees that this form and its amendments be given to anyone involved in the transaction,” and the list follows in parentheses: “potential buyer, broker, inspector, chartered appraiser, financial institution, or other.”
“The seller agrees to provide or make accessible all documents that support these declarations.”
And this one, which almost no one notices: “The seller undertakes to notify their broker if they obtain additional information about the immovable after signing the form, or if changes must be made to the declarations in this form.”
After signing. The declaration isn’t a photo taken one Tuesday evening, it’s a commitment that runs on.
And selling without legal warranty changes none of this. Those declarations remain yours, and they remain signed.
Who to call, and for what
I don’t do the inspection. My role is to know where to look and who to call.
- Notary
- Municipal urban planning department
- Home insurer
- OACIQ — Info OACIQ
Frequently asked questions
Get a value report for your property
Get a value report for your property — comparables, features, opinion of value
Full transcript of the video
Full transcript of the video above (translated from French). Published on August 31, 2026.
Hello. Today, the Seller’s Declaration: the form you fill out before putting your property up for sale.
My name is Ernso Cléus, a residential and commercial real estate broker at RE/MAX Crystal.
The form is called “Declarations by the Seller of the Immovable.” Thirteen pages, sixteen sections, from D1 to D16. It’s mandatory when a brokerage contract for the sale of an immovable is entered into with a private individual, and it covers a residential immovable of fewer than five dwellings.
We won’t go through all sixteen sections. The address or the year of acquisition make no one hesitate. We’ll stop on the questions that raise the most uncertainty: the box at the start, D2, D4 on water, D13 on inspections, D14 on work, D15, and D16.
I don’t give legal advice. For the scope of what you sign, there’s a notary.
The box at the start, read word for word
Page one, before the first question, there’s a box. Let me read it to you.
“The declarations in this form are important. They allow the seller to properly inform the buyer about the condition of the immovable, which reduces the risk of a lawsuit tied to bad surprises. They promote transparency and let the buyer make a decision with a better knowledge of the immovable.”
Then the form lists what it lets the seller do. First point, and it’s the most important sentence in thirteen pages: “answer each question to the best of their knowledge and in good faith.”
Remember the end of that sentence. You’re not asked to be an expert on your building, and you’re not asked to guarantee its condition. You’re asked what you know.
And it’s my job to go through the questions with you, one by one.
D2.10 and D2.11: the warning about the certificate of location
Section D2. Two questions, and it’s the warning that follows them that matters.
D2.10: “Since you acquired the property, has the parking space, the right of way, the fence, the hedge or the low wall separating you from your neighbour been changed, moved or replaced by you or your neighbour?”
D2.11: “Since you acquired the property, has there been any addition, replacement or modification, notably of windows, a pool, a shed, a sidewalk, a paved driveway, fences, a porch, a deck, hedges, low walls or other?”
And the warning, printed just below: “If you answer yes to questions D2.8, D2.9, D2.10 and D2.11, a new certificate of location might be required if the one provided does not reflect those changes.”
A pool, a shed, a moved fence. That’s where the question of the certificate of location comes up — to be raised with your notary.
D2.12 to D2.14: what your insurer has kept
We stay in section D2, with three questions that read together.
D2.12: “Have you ever received a notice of non-compliance from an insurance company, the municipality or the government?” And if so: “did you remedy the situation?”
D2.13: “Has an insurance company ever refused to insure the immovable in whole or in part?”
D2.14: “Has an insurance company ever refused to indemnify you for damage to the immovable?”
Three questions that deal with things written down somewhere. A notice of non-compliance is a letter. A refusal is a dated decision.
Your insurer keeps that history. Ask for it before ticking a box: you’ll answer from a document, not from memory.
D4: water damage, place by place
Section D4, water damage. Two questions, and it’s the lists that do the work.
D4.1: “Has there ever been water infiltration?” If yes, where? And the list of boxes: basement or crawl space, roof, deck, balcony, sunroom, skylight, door, window, chimney, other.
D4.2: “Has a water leak ever caused damage?” If yes, where did the leak come from? Dishwasher, washer, refrigerator, water heater, toilet, shower, bath, other.
Re-read the second list. A washer hose that burst six years ago belongs there. It’s not a question about the condition of your building, it’s a question about what happened to you.
And in D15: where, when, how it was resolved.
D13: inspections and assessments already done
Section D13, inspection reports and other expert assessments.
D13.1: “Has the immovable ever been inspected?” If yes: “can you provide those reports?” And if no: “why?”
D13.2: “Besides those already mentioned, have any tests or expert assessments been carried out on the immovable,” and in parentheses, the printed list: “pyrite, pyrrhotite, radon, ochre deposit, urea-formaldehyde foam insulation,” which the form abbreviates UFFI, then “asbestos, air quality, water quality or flow, foundation drain, or other.”
The inspection report you received when you bought the house still exists, and that question targets it.
A tip if you no longer have it: contact the inspector who did it. They keep their files and can provide you a copy.
A document found is worth more than a box ticked without it.
D14.4: the work, the plans and specifications, and the permits issued
We move to section D14. Question D14.4, as written: “Besides those already mentioned, has any major work been done on the immovable,” and the form adds in parentheses, before the question mark: “modification of the room layout, change of floor covering.”
If you answer yes, two sub-questions follow. “a) Were plans and specifications prepared for that work?” “b) Were the required permits issued for each of those jobs?”
Issued. Not applied for, not planned. Issued.
Many people don’t know what was issued, especially for work done before their time. It can be checked before ticking: your municipality’s urban planning department keeps the permit registry.
Section D15: where, when, by whom, and the invoice
Here is where the answers take on their value. The box on the first page announced it: the form lets the seller “provide the broker with the available documents that support their answers” and “add details to the answers they give.” All the details go to the same place: section D15.
D15 is an almost empty page, two columns: the clause number, and the detail. That’s where the declaration takes on its value. Here is what the form asks you to write there, word for word: “the information and details of the situation to be declared, such as the place, the year and how the situation was resolved, if applicable,” and in parentheses: “invoices, description of the problem or of the work done; where, when, how and whether the problem is resolved.”
A crack: repaired by whom, in what year, with what warranty on the work, and the invoice on file. An infiltration: where, what was done, by whom, when, and the invoice.
Ticking “yes” without D15 leaves a question open. Ticking “yes” with a dated detail and an invoice closes the file.
D16: what the signature commits you to do afterward
Last section, D16, the signatures. Three sentences before yours.
“By signing, the SELLER agrees that this form and its amendments be given to anyone involved in the transaction,” and the list follows in parentheses: “potential buyer, broker, inspector, chartered appraiser, financial institution, or other.”
“The seller agrees to provide or make accessible all documents that support these declarations.”
And this one, which almost no one notices: “The seller undertakes to notify their broker if they obtain additional information about the immovable after signing the form, or if changes must be made to the declarations in this form.”
After signing. The declaration isn’t a photo taken one Tuesday evening, it’s a commitment that runs on.
And selling without legal warranty changes none of this. Those declarations remain yours, and they remain signed.
Let’s sum up, in the order of the form. In D2, a pool or a moved fence bring back the question of the certificate of location, and insurance is prepared with your insurer. In D4, water is declared by place and by source. In D13, inspections already done are provided. In D14, it asks whether the permits were issued — check that with urban planning. In D15, everything is detailed: where, when, by whom, and the invoice. And in D16, your signature commits you to notify your broker of what you learn afterward.
“Don’t know” is ticked only when you truly don’t know — and expect the buyer, their broker or their inspector to come back with questions to go find the answer.
The way I work: I go through the sixteen sections one by one with the seller, the form open between us. I read the question, they answer, and we add the detail together in D15. It takes about an hour.
A blank copy is published on the Organization’s website if you want to look at it in advance, and I provide it to you when the brokerage contract is signed. We also pull out the declaration you received when you bought — so as not to contradict what was written there, unless things have changed since.
Now, the step before. A seller’s first question is the value of their property. I produce a value report: the comparable sales in your area, the features that matter, and an opinion of value. The link is below the video.
And if you are already bound by a brokerage contract with another broker, this invitation is not addressed to you.
Nothing I have just said is legal advice. For the scope of a declaration, there’s a notary or a real estate lawyer. For a question about brokerage, there’s Info OACIQ.
Ernso Cléus, residential and commercial real estate broker, RE/MAX Crystal. Your broker who knows buildings.
Read also: selling your house with a broker · all the tips for sellers · contact me
Ernso Cléus, residential and commercial real estate broker — RE/MAX Crystal. Your broker who knows buildings.
