Five Things Your Broker Has a Duty to Do or Say

Doing business with a real estate broker in Quebec means having the assurance that your transaction is protected.

1. Your broker has a duty to show you all the properties that match your criteria

Buying or selling a home requires several skills and technical knowledge, which your broker must possess. The latter will accompany you throughout your transaction and must ensure that all required operations are carried out in compliance with the Real Estate Brokerage Act and its regulations. This law is administered by the Organisme d'autoréglementation du courtage immobilier du Québec (OACIQ), whose mission is to ensure the protection of the public by supervising the profession and ensuring quality real estate brokerage in Quebec.

The Real Estate Brokerage Act requires brokers to present to their clients all properties available on the market that meet their requirements, or to explain why they chose not to present certain properties. Brokers are bound by a strict obligation of loyalty to their clients. This is why they are required to promote their interests and protect their rights.

2. Your broker: the duty to support you well

Because buying or selling a home is one of the most important transactions of your life, take the time to choose your broker carefully. Start by checking whether the broker has a valid brokerage licence by consulting the Find a Broker tool on the OACIQ website. Don't hesitate to ask for references from those around you or people in the neighbourhood. Ask questions: do they understand your needs? Do they know the area you're looking for? Feel free to discuss their service offering and the various clauses of the contract with them. After all, they have an obligation to give you all the explanations!

3. Your broker is a professional who has a duty to advise and inform

The broker has the obligation to demonstrate the accuracy of the information he provides by means of relevant documentation. This principle of verification of information must be respected, because the broker and his real estate agency are responsible for the information they disseminate.

For example, if your broker informs you that it would be possible for you to build a terrace in the backyard of a property that you are visiting, it is because he has, in accordance with his ethical responsibilities, made the necessary checks with the city's urban planning department to affirm such a thing.

4. Your broker is subject to a duty of disclosure

Your broker has access to a complete network of seasoned professionals. He will direct you to trustworthy people who will be instrumental in the smooth running of your transaction.

Under the Real Estate Brokerage Act , your broker must recommend that you have a complete inspection carried out by a building inspector. He can also provide you with a list of professionals who meet the OACIQ requirements. And if in some cases he receives an advantage, know that his code of ethics requires him to inform you.

5. The broker has a duty to explain the contracts you sign to you carefully

It is possible to terminate your brokerage contract if that is what you wish. For example, you signed a brokerage contract with your broker and changed your mind? You have the possibility to terminate it unconditionally during the 3 days following the signing. You could also agree with your broker to terminate your contract before the end of the term. In addition, if you sell with a broker and along the way you no longer wish to sell, you have the possibility to put your property off the market, meaning that your contract is still valid, but your broker must suspend all activity aimed at offering the property for sale.

The OACIQ provides you with a host of tools to ensure a successful and protected real estate transaction. Visit oaciq.com . You will discover, among other things, the Seller's Guide and the Buyer's Guide , which contain practical and concrete information to support you in your transaction with a broker. Do you have questions? The agents at the Info OACIQ information centre are here to answer them.

Last updated: October 17, 2022

Item number: 201830