Selling
Sellers' questions.
Before listing, the same questions come up. Here are clear answers, checked with the OACIQ and the law.
The commission
The broker's remuneration.
Is the commission negotiable?
Yes. No law sets the rate: its form and amount are negotiated with the broker, then written into the brokerage contract.
In what form?
Most often, a percentage of the sale price. It can also be a fixed amount or an hourly rate, set out in a schedule to the contract. Taxes are extra.
Who pays it, and when?
The seller, under the brokerage contract. It is usually paid by the notary when the deed of sale is signed, out of the sale proceeds. The seller's broker offers a share to the buyer's broker.
What if I sell after the contract ends?
With an exclusive contract, remuneration may be owed if you sell within 180 days after the contract ends to someone who showed interest during the contract, unless you signed, in good faith, an exclusive contract with another broker.
The brokerage contract
Before you sign.
Must the contract be in writing?
Yes. For a mainly residential building with fewer than 5 dwellings, a residential lot or a condominium, it is made in writing on the OACIQ's mandatory form. A verbal contract is null.
Exclusive or non-exclusive?
Both exist. With an exclusive contract, remuneration is owed when a promise to purchase is accepted and its conditions are met; with a non-exclusive contract, when the broker is the cause of the sale.
How long does it last?
You decide with the broker: the law sets no minimum or maximum. An end date and time are mandatory, and the contract can be extended before it expires.
Can I change my mind after signing?
Yes, within 3 days after receiving a signed copy: this is the right to cancel. A written notice is enough and, in principle, nothing is owed. After that, the contract's termination rules apply.
During the sale
Documents, deposit, notary.
Are the seller's declarations mandatory?
Yes, when an individual sells a mainly residential building with fewer than 5 dwellings (a separate form for a divided co-ownership). They are a schedule to the brokerage contract: without them, the broker cannot represent you.
Where does the buyer's deposit go?
Once the promise to purchase is accepted, it is deposited without delay in the trust account of the broker or their agency. It is refunded if the promise becomes null.
Can I sell without the legal warranty?
Yes, if agreed: the buyer then loses recourse for latent defects, unless you knew of a defect and hid it. The OACIQ now recommends a partial exclusion rather than the wording “at the buyer's risk and peril”.
Who chooses the notary?
Usually the buyer, who also pays the fees for the deed of sale. The notary acts for both parties: the seller pays for what is done for them, such as discharging their mortgage.
After the offer is accepted
Up to the deed of sale.
The main steps, from the accepted promise to purchase to handing over the keys.
- 1The deposit is placed in the trust account
- 2The conditions are met, each within its deadline: inspection, documents, financing
- 3The notary examines the titles and prepares the deed of sale
- 4Signing at the notary's office: the buyer becomes the owner
- 5The notary registers the deed, then pays you the balance once your mortgage is paid off
- 6The buyer takes possession on the agreed date
Another question?
Vanessa answers your questions about selling your property, in English, French and Portuguese.
Sources
Information checked on October 19, 2026 with the sources below (in French).
- OACIQ, Rétribution payable par le vendeur
- OACIQ, Votre contrat de courtage exclusif – Vente
- OACIQ, Durée du contrat de courtage
- OACIQ, Le droit de changer d'idée
- OACIQ, Déclarations du vendeur
- OACIQ, Garantie légale de qualité
- OACIQ, Vous recevez une promesse d'achat
- OACIQ, Votre rendez-vous chez le notaire
- Chambre des notaires, frais facturés au vendeur
- Loi sur le courtage immobilier (art. 10, 23 à 30)
- Code civil du Québec (art. 1726, 1732, 1734)
General information: it does not replace legal, tax or financial advice.