The declaration gives context. The inspection documents visible and accessible conditions. Legal conclusions belong to the broker, notary, or lawyer. Keep that in mind: these are two different, complementary tools. Here is how to read them together before you commit.
1. What is the seller's declaration?
The Declarations by the seller of the immovable (OACIQ DS form) is a mandatory brokerage form, completed and signed by the seller when the property is listed. OACIQ describes it as a kind of "report card" on the property: it documents the construction, current condition and, where applicable, incidents the building has sustained — such as water damage or infiltration, soil or structural problems — and how they were remedied. It helps the buyer take note of the seller's answers and obtain clarifications.
2. Why it matters before the inspection
According to OACIQ, the declaration must be given to any interested buyer and to their building inspector. Reading it before the inspection lets you arrive informed: you know the disclosed history (renovations, repairs, incidents) and can prepare your questions to ask. For their part, an inspector who has the declaration can pay particular attention to the items mentioned — without verifying whether they are true.
3. What buyers should read before inspection day
- the identification section (property type, year of construction, occupancy status);
- the disclosed incidents: water damage, infiltration, soil movement, cracks, structural issues;
- the declared renovations and repairs, and whether permits were obtained;
- items related to the roof, plumbing, electrical, heating and drainage;
- any answer left blank, uncertain or "unknown" — these are often items to clarify.
4. Sections to pay attention to
Pay particular attention to answers touching water and moisture (basement, foundation, roof), structure, and anything that was "repaired" without detail. Note answers that seem general or evasive: they don't mean there is a problem, but they deserve questions to ask the broker or seller, and careful observation during the inspection.
5. How the inspection helps put the declaration in context
The pre-purchase inspection documents the apparent, visible and accessible condition of the building at the time of the visit. With the declaration in hand, the inspection can help put what was disclosed into context. An inspector can, in particular, compare:
- the visible condition of components against what is described;
- the apparent signs (traces, marks, visible repairs);
- the accessible systems at the time of the inspection;
- possible inconsistencies between the disclosed history and observable conditions.
When a gap appears, the inspector notes it as a point to verify or an item to clarify — without drawing any conclusion about the seller's intentions.
6. What an inspection cannot confirm
It's important to be clear about the limits. An inspection does not confirm:
- the truthfulness of the seller's statements;
- fraud, misrepresentation or a hidden defect;
- anyone's legal liability;
- insurance or financing consequences.
These questions belong to other professionals: the broker, the notary or the lawyer. The inspection documents what is observable; it does not judge what is declared.
7. Condo note: divided co-ownership
For the sale of a fraction held in divided co-ownership, OACIQ provides a separate form: the Declarations by the seller of the immovable – Divided co-ownership (DSD form). The standard DS form applies to a chiefly residential immovable with fewer than 5 dwellings, including in undivided co-ownership. If you are buying a condo, make sure you receive the right form and also review the co-ownership documents (minutes, contingency fund, maintenance logbook) from the relevant parties.
8. Red flags or clarification points
- water incidents "repaired" with no detail or invoice;
- major renovations with no mention of permits;
- answers left blank or "unknown" on major items;
- a visible gap between what is declared and what you observe on-site;
- dates or descriptions that don't line up.
None of these signals proves a problem — each is a point to clarify with the broker, the seller or, for legal aspects, the notary or lawyer.
9. Questions to ask before waiving your conditions
- Did I receive the seller's declaration (DS) — or the DSD for a divided condo?
- Are the disclosed incidents supported by documents (invoices, permits, warranties)?
- Have the items the inspector flagged "to verify" been clarified?
- Have the vague or blank answers been clarified in writing?
- For any question of liability or hidden defect: what does my notary or lawyer say?
10. Practical buyer checklist
- ☐ Obtain the seller's declaration before the inspection;
- ☐ Give it to the inspector so they have the context;
- ☐ Highlight incidents, repairs and water/moisture areas;
- ☐ Prepare a list of questions to ask;
- ☐ After the inspection, compare the report and the declaration;
- ☐ Have any gaps clarified by the right person (broker / notary / lawyer).
11. In summary
The seller's declaration and the pre-purchase inspection do not replace each other: they complement each other. The declaration gives context (the history as disclosed by the seller), the inspection documents the apparent, visible and accessible condition, and legal conclusions belong to the broker, notary or lawyer. Read the declaration early, give it to your inspector, and have every gap clarified in the right place.
For a pre-purchase inspection — whether for a house, a condo or a small plex — that's the level of clarity and context you should expect.