Real Estate Talk: Seller’s Declaration

The Seller’s Declaration must indicate the condition of a property to the best of the seller’s knowledge

By Joseph Marovitch

Updated October 18, 2023

When selling a residential property with a broker, the seller is required to complete a Seller’s Declaration stating the condition of the property to the best knowledge of the seller. The broker must then place the document on Centris with the listing. The listing cannot be entered on Centris without the Seller’s Declaration for a residential sale.

The declaration must be truthful in that each question answered must be accurate. Whether the seller knows the answer or not, they must answer “yes”, “no”, “do not know”, or “N/A”.

What the seller cannot do is withhold relevant information they are aware of that can devalue the property. The buyer is providing an offer based on criteria the buyer needs, on the visit and the information in the Seller’s Declaration. Because all issues are declared in the Seller’s Declaration, the amount of the offer has already considered those issues.

In other words, if the Seller’s Declaration states the house requires a new roof, the offer accounts for the roof, therefore the buyer cannot negotiate a lower offer after inspection because of the roof. The buyer has already accepted that a new roof is required before providing the offer.

What the seller cannot do is withhold relevant information they are aware of that can devalue the property. The buyer is providing an offer based on criteria the buyer needs, on the visit and the information in the Seller’s Declaration.

Another rule that applies to the Seller’s Declaration is if the property received prior offers that did not go to signing and an inspection took place, the seller is required to amend the Seller’s Declaration to state there have been previous inspection reports. The seller does not necessarily have to provide the inspection report, however, if the report states an issue that can significantly reduce the value of the property, the seller must declare the issue.

The problem with this is some buyers will have an inspection report prepared for the purpose of getting the seller to reduce their price. If the seller does not believe the report to be accurate, the protocol the seller must follow is to have their own inspection performed to refute the buyer’s inspection report. The seller must then declare both reports in the Seller’s Declaration.

In the end, as long as the seller has declared other reports, it is up to the buyer to have their own inspection and decide for themselves.

Should you have questions or comments, please refer to the comments section at the bottom of the page. As well, to view past articles, click here.

Next article: Home Staging

State of the market

Bank of Canada’s interest rate 5%
CPI today (inflation rate) 3.8%

‘Do not pay more than a property is worth. Whatever is purchased, make sure it is easy to sell.’

The inflation rate dipped slightly by .3%, not enough to affect interest rates southward. There appears to be a trend of country homes entering the market, but not much demand. Many second residences were purchased as primary residences during the pandemic at high prices. However, now that those buyers realize they do not want to live in the country full-time, the properties are being put up for sale.

The problem is interest rates are much higher than when these properties were purchased, and the market values of these properties have plummeted. If considering a second residence by the lake or mountaintop, wait a little longer. Prices may come down significantly. If you own a second residence and do not have to sell now, don’t sell.

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Other articles by Joseph Marovitch

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Joseph Marovitch has worked in the service industry for over 30 years. His first career was working with families from Westmount and surrounding areas, hosting children between the ages of 6 to 16 as the owner and director of Camp Maromac, a sports and arts sleep-away summer camp established in 1968. Using the same strengths caring for the families, such as reliability, integrity, honesty and a deep sense of protecting the interests of those he is responsible for, Joseph applies this to his present real estate broker career. Should you have questions please feel free to contact Joseph Marovitch at 514 825-8771, or

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There are 2 comments

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  1. Sid

    Wondering if anyone has come across a situation like this. During the process of buying a condo a promise to purchase was made based on a seller declaration that stated that there were no instances of water infiltration. However it was found after reviewing the condo syndicate notes that there was a water infiltration incident that also affected the condo below and involved 11k CAD of clean up costs. In such a situation is the buyer still obligated to follow through on the sale ? The real estate agent’s advise is to amend the seller declaration after the fact. The seller has proposed a small reduction in the sale price about 1%. Is the buyer obligated to accept ? What reasonable discount can be negotiated in such a situation case ? Personally an offer would not have been made if the issue was declared upfront.

    • Joseph Marovitch

      Hi Sid,
      I have experienced similar situations. Regarding part of your question, the seller is not obligated to renegotiate the price. The seller can accept, reject, or counter a renegotiation. For the balance of your questions, I will refer you to the Organisme d’autireglementation du courtage du Quebec (OACIQ) at 450-462-9800. The OACIQ is the government body monitoring and regulating the actions of real estate transactions. The OACIQ can provide a precise answer as well.
      Should you have further questions, please feel free to contact me.

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