Real estate brokers in Quebec: a practical checklist
A real estate broker juggles professional obligations, rules on electronic messages and the protection of personal information. This checklist turns those rules into concrete things to check in your files. It offers general information and is not legal advice: for your specific situation, consult the OACIQ or a legal adviser.
OACIQ forms, before any viewing or listing
The broker must use the OACIQ forms (the Organisme d'autoréglementation du courtage immobilier du Québec, Quebec's real estate brokerage self-regulatory body) for the brokerage contract, the promise to purchase and the seller's declarations, depending on the property type. The right form varies: a condo, a plex, a lot or a single-family home do not have the same schedules. A tracking tool never replaces the form; it only helps you forget nothing.
- The property type is noted in the file, so you know which form and schedules apply.
- The brokerage contract (exclusive or not) is signed before showing or listing the property.
- The contract end date is recorded, with a reminder ahead of the deadline to discuss renewal.
- The seller's declarations form is tracked file by file.
- For the contract, the mandatory note on exclusivity has been read and the client's choice initialed.
Identity verification
The broker must verify the client's identity, as provided in section 29 of the regulation on conditions for carrying out a brokerage transaction, in addition to the requirements of FINTRAC (the Financial Transactions and Reports Analysis Centre of Canada, known in French as CANAFE), which also apply to brokers for certain activities and transactions. This verification stays with the broker: the agent does not do it and does not stand in for you.
- The “identity verified” box is ticked with the date of the check.
- The file does not keep copies of the documents, only the confirmation and the date.
- A text reminder before the notary signing invites the client to bring identification.
Accurate, authorized and sourced information
The broker must check the accuracy of the information they share: floor area, year of construction, property description sheet. Under the agent's rules, the broker may share information about a property only with the client's written authorization (s. 111) and publishes no statistic without naming its source (s. 113). An advertisement must also show the broker's name as it appears on the licence and, where applicable, the agency (s. 114).
The OACIQ's guide on artificial intelligence asks you to disclose the use of an AI system when it may influence the client's decision or the advice given, and reminds you that the broker remains responsible. It also forbids using AI to alter a result or an image to make a property look more attractive.
- Messages and listing sheets state nothing about a property that is not tied to the official listing.
- Data is validated before it is sent to a client.
- Clients know they are speaking with an AI assistant, and the broker is presented by name and title.
- No image or result is retouched with AI to flatter a property.
No discrimination in qualification
The licence holder must offer services without distinction based on a ground in section 10 of the Charter of human rights and freedoms, “including the number or age of children” (s. 4). Qualification questions should therefore focus on the property and financing: area, type, budget, pre-approval, timeline.
Electronic messages: Canada's anti-spam law
Commercial electronic messages require consent, identification of the sender and an unsubscribe mechanism (CASL, known in French as LCAP). Consent is express or implied (s. 6). An inquiry gives only six months of implied consent (s. 10(10)e)): for property alerts sent for longer, you need the buyer's express consent.
- Consent is recorded in the file before any follow-up message.
- Every follow-up template includes the unsubscribe notice.
- Alerts sent for more than six months rely on express consent.
- Unsubscribed contacts are excluded from mailings.
Personal information: Law 25
Income, pre-approval and addresses are protected by Law 25: limited collection, consent, access and withdrawal. Anyone collecting personal information must inform the person of the purposes, the means and their rights of access and rectification (s. 8), and warn them before using profiling technology (s. 8.1). A decision based exclusively on automated processing must be disclosed (s. 12.1); with the agent, it is the broker who decides.
- Only the necessary administrative information is kept.
- Exporting and deleting a file is possible on request.
- The client is told at collection about the purposes and their rights.
Financing and law: point the way, do not advise
The broker does not advise on financing or on the law: lenders, mortgage brokers (overseen by the AMF, Quebec's Autorité des marchés financiers) and notaries play that role. The agent's messages therefore point to the lender or notary and offer no opinion, and the agent never negotiates an offer.
A good checklist lives inside the client file: form, identity, consent, source of the data. The agent reminds and prepares; the broker keeps responsibility for every step.
General information, not legal advice. Check with your professional order or the official source.
Questions
Does this checklist replace legal advice?
No. It is general information drawn from official sources. For a specific situation, contact the OACIQ, the Autorité des marchés financiers, the Commission d'accès à l'information or a legal adviser.
Can a follow-up message go out without recorded consent?
No. Mailings target only contacts whose consent is recorded, and every message includes the unsubscribe notice. A simple inquiry gives only six months of implied consent.
Can the agent verify a client's identity?
No. Verification stays with the broker. The file keeps only the confirmation and the date, not a copy of the documents.
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