If you have bought or looked at property in Ontario, much of the Quebec process will feel familiar: an offer, conditions, financing, an inspection, a closing. The legal framework underneath is different, though. Quebec uses civil law (the Civil Code of Québec), and that changes who closes the deal, which forms are used and what protection a buyer has after closing.
Here is a side-by-side view for Ontario buyers moving to Montreal.
Ontario vs Quebec at a glance
| Topic | Ontario | Quebec |
|---|---|---|
| Who closes | Each side usually retains its own real estate lawyer | A notary prepares and signs the deed of sale. The notary acts for both buyer and seller. The buyer usually chooses the notary and pays for the deed and the verifications done on the buyer's behalf |
| Offer document | Agreement of Purchase and Sale, commonly on a standard industry form | Promise to purchase on a form published by the OACIQ (the provincial real estate regulator). For residential properties of fewer than 5 dwellings, including condos, brokers must use the OACIQ mandatory forms |
| After-sale protection | Largely relies on inspection and the terms of the contract | The seller owes a legal warranty of quality against hidden (latent) defects, unless the sale is made without legal warranty |
| Seller disclosure | Disclosure practices vary | When a property is listed with a broker, the seller completes the mandatory Declarations by the seller form. Condos have their own version |
| Deposit | Typically paid after acceptance and held in trust | Optional under the OACIQ form. If given, it is held in the broker's or agency's trust account |
| Transfer tax | Ontario land transfer tax (plus a municipal tax in Toronto) | Transfer duties, known as the welcome tax, paid to the municipality |
| Condo vocabulary | Condominium corporation, status certificate | Syndicate of co-owners, certificate attesting to the condition of the co-ownership |
The notary, not a lawyer, closes
In Quebec, the deed of sale and the mortgage deed are signed before a notary. The notary is a legal professional who acts for both parties, checks title and taxes, publishes the deed in the land register and handles the funds. The buyer usually chooses the notary. Each party pays for the work done on its behalf: for example, the seller pays to discharge the existing mortgage.
Choose your notary early. They can review the promise to purchase conditions and the condo documents before you waive anything.
The promise to purchase
Brokers in Quebec use standardized OACIQ forms for residential transactions. The promise to purchase sets out the price, the deposit (if any), the financing condition, the inspection condition, document review and the deadlines. Deadlines are short and they run in days and hours, so read every date before signing.
Legal warranty and "sale without legal warranty"
Under the Civil Code, a seller in Quebec generally guarantees the buyer against hidden defects that existed at the time of sale. Some properties are sold without legal warranty, "at the buyer's risk", which is common in estate sales. In that case, the buyer has very limited recourse if a problem appears later. A pre-purchase inspection and a price that reflects the risk matter more. The Chambre des notaires du Québec (CNQ) explains both situations in plain language (see Sources).
The seller's declarations
When a home is listed with a broker, the seller fills out the Declarations by the seller form: water damage, renovations, known problems, and for condos, information about the syndicate. It is not a substitute for an inspection, but it is a key document to review with your broker.
Welcome tax vs land transfer tax
Quebec buyers pay transfer duties to the municipality after closing. In Montreal (2026), on a condo at:
- $400,000: $4,110.50
- $425,000: $4,485.50
- $450,000: $4,860.50
Can an Ontario owner get the Quebec first-time buyer credit?
Quebec introduced a refundable tax credit for first-time buyers for acquisitions from January 1, 2026. It covers 100% of the first $5,000 of transfer duties and 25% of the next $3,500, for a maximum of $5,875. At $400,000 to $450,000 in Montreal, an eligible buyer may recover the full welcome tax.
The first-time test looks at a 4-year window: you must not have owned, alone or jointly, a dwelling you lived in from the start of the fourth calendar year before the purchase. A spouse test also applies, and you must live in Quebec at the end of the year. Based on what Revenu Québec has published, the test refers to any dwelling you lived in, so a home you owned and lived in in Ontario during that window may disqualify you. Confirm your own situation with Revenu Québec before counting on the credit.
Condo vocabulary
In Ontario you deal with a condominium corporation and ask for a status certificate. In Quebec, the building is run by a syndicate of co-owners (syndicat de copropriété), and the seller must provide a certificate from the syndicate on the condition of the co-ownership. Other key documents: the declaration of co-ownership, the contingency fund study and the maintenance log.
Documents in French
Most Quebec real estate documents are drafted in French by default, and English is possible in some situations. I explain what can be in English, and when, in Can you buy property in Quebec with documents in English?.
Common questions
Do I need a lawyer as well as a notary?
Most residential purchases are closed by a notary alone. You can consult a lawyer for a specific issue, for example a dispute.
Is the deposit mandatory in Quebec?
No. Under the OACIQ promise to purchase, a deposit is optional. If you give one, it is held in trust by the broker or agency.
Can I still use my FHSA if I move from Ontario?
The FHSA and the Home Buyers' Plan are federal programs, so they follow you. Check your own eligibility with your financial institution.
Do I pay both Ontario and Quebec transfer taxes?
No. Transfer tax is paid where the property is located. A Montreal purchase means Montreal transfer duties.
Moving to Montreal from Ontario?
Book a 30-minute relocation buyer call. We will go over neighbourhoods, budget, timing and how the Quebec process applies to your file. Book a 30-minute buyer call
Not ready yet? Download the first-time homebuyer kit
Related guides
Delaram Farzin, Residential Real Estate Broker (Courtière immobilière résidentielle), Groupe Sutton Centre-Ouest, real estate agency. This page is general information, not legal, tax or financial advice.
Sources: Chambre des notaires du Québec (1) · Chambre des notaires du Québec (2) · Chambre des notaires du Québec (3) · Chambre des notaires du Québec (4) · OACIQ (1) · OACIQ (2) · OACIQ (3) · OACIQ (4) · OACIQ (5) · OACIQ (6) · Revenu Québec · Government of Ontario · Condominium Authority of Ontario
