Quebec's provincial regulator recently handed down three decisions that require licensed real estate professionals in that province to inform prospective buyers when a violent death has occurred on a property.

L'Association des Courtiers et AGENTS IMMOBILIERS du Québec (L'ACAIQ) says that while the province's Civil Code does not recognize the death of a person as a defect that jeopardizes the integrity of a property, a real estate professional has an ethical duty to inform prospective buyers under Quebec's Real Estate Brokerage Act.

According to L'ACAIQ's disciplinary committee, the disclosure must be made as soon as the buyer declares an interest in the property - well before a promise to purchase is signed. In all three decisions the disciplinary committee ruled that the Broker or agent has knowledge of the fact as soon as they are informed, and therefore must disclose it to potential buyers.

The provincial regulator says real estate agents and Brokers in Quebec are required to be proactive - they must not wait for the prospective buyer to ask questions before divulging the occurrence of a violent death. L' ACAIQ also requires that any violent death be disclosed no matter when or where it took place.

L'ACAIQ says that it is good practice to disclose any death, regardless of cause, but that a violent death must be disclosed. L'ACAIQ adds that proactive disclosure by Brokers and real estate professionals helps maintain transparency, reinforcing the public's trust in the profession while sparing buyers potentially painful and unfortunate emotions. (CREA 01/30/2006)