The Promise to Purchase (offre d’achat in French) is the first official step toward buying a home in Quebec.
Here’s how it works.
First, you find a property you love and that seems within your budget. You talk it over with your real estate broker, who helps you weigh the pros and cons.
Once you’re ready to move forward, your broker prepares and submits a Promise to Purchase to the seller. This document outlines your offer price and the conditions of the sale, making it the formal expression of your intent to buy the property.
This is one of the most important steps in the entire transaction. Get it wrong, and you could lose your dream home, overpay by thousands, or get trapped in a deal with conditions that don’t protect you.
In this article we cover:
- What is a promise to purchase in Quebec
- What is included in the promise to purchase
- How to negotiate your promise to purchase (properly)
- How to best handle your promise to purchase
What is a promise to purchase in Quebec?
In Quebec, a Promise to Purchase is a legally binding offer a buyer makes to a seller that sets out the price, conditions, and timeline for buying a property.
Since this is a legally binding contract, this means that once the seller receives the promise to purchase, a buyer cannot back out of the contract unless one of their conditions is not met.
As we’ll see later, your realtor will help you add strategic conditions to your Promise to Purchase such as making the offer subject to inspection or financing approval. These conditions not only protect you but also give you negotiation power. (See an example of these conditions in a real promise to purchase).

As shown in Figure 1.1, one of the key conditions is that the seller must provide the buyer with a valid certificate of location. This document is critical because it verifies the property’s legal boundaries and ensures there are no hidden compliance issues before closing.
What is included in the promise to purchase?
In Quebec, the Promise to Purchase is a document templated and regulated by the OACIQ (Organisme d’autoréglementation du courtage immobilier du Québec).
Different versions of this document exist depending on the type of property being sold. For example, there’s one for divided condos, another for undivided co-ownerships, and a third for residential buildings with fewer than five units that are not part of a co-ownership.
Below are the main Promise to Purchase templates used in Quebec, with links to the official downloadable versions:
- Residential property with fewer than five units (not a condo) Download PDF
- Condo (divided co-ownership) Download PDF
- Undivided co-ownership (shared ownership) Download PDF
- Immovable / general property Download PDF
- Property sold by the Public Curator Download PDF
Each of these documents follows the same core structure and legal logic, though the wording may differ slightly depending on ownership type.
The Promise to Purchase is the central offer document in a real-estate transaction, but it’s supported by several other forms regulated by the OACIQ. These include the Declarations by the Seller (which disclose known defects), the Counter-Proposal (used if the seller wants to modify your offer), and optional annexes like Annex R or Annex F, which add conditions or clarify financing details. Together, these documents form the full legal framework for your offer.
The standard Promise to Purchase is divided into 16 key sections, which outline everything from the identification of the parties to the signatures that finalize the sale. Understanding these sections is essential if you want to negotiate effectively.
Inside the Promise to Purchase: The 16 Key Sections Explained
Below you’ll find the 16 standard sections of a Promise to Purchase, along with a brief explanation of what each one covers.
- Identification of the parties
- Lists the buyer and seller’s legal names and contact information, confirming who is bound by the contract.
- Object of the promise to purchase
- Specifies what is being sold i.e. the property’s address, lot number, and any items included (like appliances or fixtures).
- Summary of the immovable
- Describes the type of property (e.g. condo, house, duplex) and its key characteristics such as parking spaces, storage, or private land area.
- Price and deposit (plus taxes if applicable)
- States the offered purchase price, the deposit amount, and whether taxes (GST/QST) apply. The deposit shows good faith and is usually held in trust by the real estate agency.
- Method of payment
- Explains how the buyer will pay. For example, partly in cash, through a mortgage, or using funds from the sale of another property.
- New hypothecary loan
- Outlines the details of the buyer’s mortgage financing, such as the amount to be borrowed and the condition that the offer depends on obtaining this loan.
- Declaration and obligation of the buyer
- Lists the buyer’s responsibilities. For instance, obtaining financing, arranging insurance, and signing the deed of sale on time.
- Inspection by a person chosen by the buyer
- Gives the buyer the right to have the property inspected by a professional. The offer can be made conditional on satisfactory inspection results.
- Review of the documents by the buyer
- Allows the buyer to review key property documents, like the certificate of location, condo rules, or recent tax bills, before finalizing the purchase.
- Declaration and obligations of the seller
- Outlines what the seller must disclose such as known defects, encroachments, or unpaid taxes and their responsibility to deliver the property in the same condition at closing.
- Declarations and obligations common to the buyer and seller
- Covers mutual obligations, like cooperating with the notary, respecting timelines, and signing all necessary paperwork.
- Other declarations and conditions
- A catch-all section where any additional clauses can be added for example, requests for repairs, inclusion of specific furniture, or sale conditions tied to another transaction.
- Annexes
- Lists any extra documents attached to the offer like building inspection reports, financial pre-approvals, or special agreements.
- Conditions of acceptance
- Specifies the deadline by which the seller must accept the offer and how the acceptance will be communicated.
- Interpretation
- Clarifies how the document should be legally interpreted in case of ambiguity, ensuring both parties understand the terms the same way.
- Signatures
- The final section where both the buyer and seller sign and date the document, making the Promise to Purchase legally binding.
In the next section, we’ll look at how top realtors in Montreal use these 16 sections to strategically turn what most buyers see as simple paperwork into a powerful negotiation tool. You’ll learn how small adjustments in wording, timing, and conditions can shift the balance of power in your favour and even save you thousands on your final purchase price.
How to negotiate your promise to purchase (properly)
Most buyers think negotiation is just about price. But in reality, every line of the Promise to Purchase can be used to find out key information about your seller and to strengthen your position.
In this section, we’ll look at how to negotiate each part of the Promise to Purchase properly and how top realtors in Quebec use these clauses to create leverage, close faster, and save their clients thousands.
Negotiating Price & Deposit / Method of payment
Sections 1 to 3 of the Promise to Purchase are mostly standard paperwork. But Sections 4 and 5, Price and Deposit and Method of Payment, are where a skilled realtor truly starts to earn their fee.
These sections do two things:
- They let you throw down your first marker in the negotiation (your opening price) and
- Demonstrate financial strength to the seller.
Most buyers start around 5% below asking, leaving room to move up while still landing under the list price.
But the best realtors are already negotiating before the offer is even written. After your visit, they’ll call the listing agent to quietly gauge the level of interest in the property. That short conversation can completely change your strategy. If there’s little or no interest, your agent might suggest going 7% to 10% below asking. If the home is already attracting multiple offers, they may advise walking away entirely, saving you from overpaying in a bidding war.
Negotiating Conditions (Inspection, Financing, Review of Documents)
As a buyer, the conditions you set out in your promise to purchase are your safety net.
These conditions mean that you will only have to follow through on your promise to purchase IF these conditions hold true. They can therefore give you room to negotiate later in the process, if you encounter something unexpected later in the process.
There are three main conditions that you want to set. These are:
- Inspection condition – make sure that you have the right to walk away if a serious issue is found with the property. With this condition set, any problems found during the inspection, even small ones, give you the right to request repairs, a price reduction, or added inclusions (like appliances or warranties) to balance the deal.
- Note also, if the seller has already declared a known issue in their Declarations by the Seller (for example, a foundation crack or roof repair), your realtor can add a specific inspection clause allowing you to investigate that issue in more depth before the sale is finalized. (CALL OUT)
- Financing – a financing condition protects you if your mortgage approval falls through or if interest rates unexpectedly change, raising your monthly payments and reducing the amount you can borrow. Sellers understand that there are risks in delays, therefore the shorter you set this time frame for financing, the more attractive your promise to purchase will look, without costing you anything. Larger down payments also look more attractive as the bank’s financing is made more secure.
- Review of documents – This condition gives you time to review legal and condo documents (like the certificate of location, condo rules, and reserve fund). It can be used to uncover potential issues for example, a low contingency fund or planned special assessment, that justify negotiating a better price or requesting seller repairs before closing.
Buyer note for Condos
Negotiating Section 12
In your first offer, you should also stack section 12 of the promise to purchase in your favor. This is the section that includes any requests for repairs that you might have spotted on your first visit or inclusion of specific furniture, for example appliances like a fridge or washer and dryer.
These items represent real value. For instance, a quality fridge might last ten years, that’s easily a $1,500–$2,000 saving down the line. Including it in your offer is a subtle way to build long-term value without changing the purchase price.
Don’t be shy about asking for more here. At this stage, sellers tend to focus on price, not on the smaller inclusions. By loading Section 12 with valuable asks, you make your offer look attractive on paper while keeping room to concede later. When the seller negotiates price, you can then agree to drop one or two items. This will help you appear flexible, whilst still ending up close to your original target value.
You will also want to make your first offer conditional on achieving the correct level of financing.
Negotiating the Deadline / Conditions of acceptance
The “Conditions of Acceptance” is the part of the promise to purchase where you as the buyer have a chance to set the timeline for the deal.
Setting the right deadline is a balance between urgency and patience. A shorter deadline, usually 24 to 48 hours, sends a signal that you’re confident to move forward. It creates a sense of scarcity and pressure, which can push the seller to act before they’ve fully explored other offers. This can be a really good strategy for a property that is new on the market, that has had no other visits so far and no other offers. In this case, acting fast to take it off the market could get you a good price.
That said, not every deadline should be aggressively set. A longer deadline can make your offer more appealing in complex deals, where the seller needs extra time to review details and collect up the relevant information. In this case, a longer deadline can signal calm control. The trick is to use time as a tool, not as a trap.
Depending on the situation, the seller may already control the timeline. In a hot market, experienced listing agents often create an “offer window” to collect multiple bids within a set period. In these cases, the seller already has the upper hand since they’re holding an asset that several buyers want. In a situation like this, your strategy should shift from controlling time to controlling terms. In this case, you should focus on clean conditions, strong financing, and a clear show of commitment to make your offer stand out.
Negotiating Declaration & Obligations of Seller
This section of the Promise to Purchase outlines what the seller must legally disclose about the property. For instance, known defects, structural issues, unpaid taxes, or encroachments. This section also confirms that the seller must deliver the property in the same condition as when your offer was made.
But for smart buyers, this section is more than a legal formality. It’s a test of transparency and intent. While sellers are required to disclose known defects, not every problem is visible, and not every seller acts in good faith. Some will try to downplay issues and make the property look cleaner than it really is. That’s why it’s important to pay attention to subtle signals throughout the transaction. How open a seller is with documents, how they answer difficult questions, and how comfortable they seem when details are challenged can tell you a lot about what kind of negotiation you’re entering.
Still, the truth is that even the most careful buyer can’t catch everything. At some point, you’re not just evaluating the property, you are also evaluating the person on the other side of the table. If you sense that the seller is trying to outsmart you, that’s not a negotiation to win, it is one to walk away from.
A good realtor knows how to uncover bad actors and, in reality, reading a seller’s intent early on can save you far more than any discount ever could.
Conclusion: How best to handle the promise to purchase
The Promise to Purchase isn’t just a bit of paperwork that needs to be completed as part of the purchase of a home, it’s the framework that defines your entire transaction.
Every clause, condition, and deadline is a signal to the seller about who you are as a buyer.
Handled correctly, it becomes a negotiation tool that protects your interests and can save you thousands. Meanwhile, if it is handled poorly, it can trap you in an unfavourable deal with little room to maneuver.
The key to using the promise to purchase effectively is preparation. You should know your numbers, get pre-approved, and work with an experienced realtor who treats the Promise to Purchase as a strategy and not just paperwork.
Every small detail, from how you set your conditions to how you time your offer, shapes the seller’s perception and your leverage. If you’re about to buy in Quebec, take the time to understand each section of this document.
Ask questions, stay patient, and remember, a well-crafted Promise to Purchase isn’t just about getting the home you want, it’s about getting it on terms that work for you.