How to Choose the Best Real Estate Agent in Quebec

You type “best real estate agent in Quebec”, “best real estate broker” or “best realtor”, and the results look alike: rankings, awards, five-star reviews, “number 1”. These are claims. In Quebec, section 112 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising prohibits any false, misleading or incomplete representation, in particular about the competence of a licence holder or the scope and effectiveness of their services. Section 113 adds that advertising may not contain a statistic without indicating its source.

So the useful question is not “who says they are the best?” but “what can I check?”. This guide brings together the rules that apply everywhere in the province; the city guides at the end of the article apply them to a local market.

Broker, agent, REALTOR®: only one title is reserved by law

Real estate broker. Section 2.1 of the Real Estate Brokerage Act prohibits anyone who does not hold a licence from using the title of “real estate broker” (courtier immobilier) or “real estate agency”, or any other title that could suggest they hold one. Under section 4, only a natural person may hold a broker’s licence, and that person performs the obligations of the contract personally.

Real estate agent. The expression is common, but it is not the title provided by the law in force. People who held a real estate agent’s certificate on May 1, 2010 have been deemed to hold a broker’s licence since that date (section 146). Looking for the “best real estate agent” in Quebec therefore means looking for a real estate broker who holds a licence from the OACIQ, the body that regulates real estate brokerage in Quebec. The nuances are in realtor, broker, agent in Quebec.

REALTOR®. According to the Canadian Real Estate Association (CREA), REALTOR® is a certification mark owned by REALTOR® Canada Inc., a corporation jointly owned by the National Association of REALTORS® and CREA. It identifies CREA members, and CREA itself states that not all real estate agents are REALTORS®. Membership does not replace the licence.

Mortgage broker. Since May 1, 2020, mortgage brokerage has been supervised by the Autorité des marchés financiers (AMF), no longer by the OACIQ: that is where a mortgage broker is checked.

Residential or commercial: the scope of the licence must cover your property

The OACIQ guideline on issuing and maintaining licences provides for three scopes of practice: residential, commercial, or both.

The consequence is concrete. A triplex is residential; a 6-unit building is commercial, since the OACIQ places buildings with 5 or more dwellings in the commercial category. A building used for agriculture is in principle commercial, but a hobby farm used mainly as a residence remains residential. The scope of practice appears in the register: check that it covers your property before the first meeting.

Section 73 of the ethics regulation also requires the broker to take into account the limits of their knowledge and to obtain the necessary help before accepting a transaction outside their field of competence. Ask whether they have handled this type of property before and, if not, whom they will consult.

The DA, agréé DA and agréé designations. The same guideline links them to the role of agency executive officer (dirigeant d’agence). The “agréé DA” designation means the broker may act as an agency executive officer: they passed the required training and exam and practised within an agency for at least 3 of the last 5 years. The “agréé” designation alone refers to licences issued before May 1, 2010 under the former Act. Holding the qualification does not mean holding the position: an agency’s executive officer is identified as such in the register. These designations describe a management qualification; they are not a ranking of brokers.

Agency or own account: who supervises your broker

A broker practises either within a real estate agency or on their own account. The law allows both, with different obligations.

Within an agency. The broker practises under the supervision of an agency executive officer and follows the agency’s compliance program. Each agency has a single qualified executive officer, responsible for selecting and supervising all of its brokers (sections 19 and 20 of the Act). The agency keeps the files, books and registers.

On their own account. The broker is fully responsible for their activities, with no agency executive officer. They keep their own registers and must maintain a trust account if they receive deposits or other sums on behalf of others. They may not hire other brokers.

What it changes for you. The register shows who answers for supervision. If your broker leaves their agency during your contract, the agency or, failing that, the broker must notify you in writing, and the notice gives you three choices: stay with the agency, follow the broker, or end the contract (section 26 of the regulation). If the agency changes the broker assigned to your file, it must also notify you in writing (section 24). The OACIQ recommends avoiding such changes during a transaction.

The OACIQ register, before any meeting

The Register of Licence Holders is public and free. According to the OACIQ, it shows:

• the licence number and category;
• the attached agency and its executive officer;
• the broker’s photo, updated every 5 years;
• training completed in the current mandatory continuing education cycle;
• a mention if the licence is suspended or subject to conditions or restrictions.

It also shows administrative monetary penalties and upcoming hearings, and its information is proof of its content in favour of third parties in good faith (section 63 of the Act). During a suspension, or if the licence is revoked, no brokerage transaction is possible.

Decisions of the discipline committee are public and free on citoyens.soquij.qc.ca. The OACIQ advises reading each decision to the end, since the respondent may have been acquitted, and confirming identity in the register because of namesakes. The OACIQ registry office answers at 450 462-9800.

Public protections, and what they do not do

These protections exist because the person holds a licence. They set a licensed broker apart from an unlicensed person; they do not set one broker apart from another.

The FARCIQ. The Fonds d’assurance responsabilité professionnelle du courtage immobilier du Québec is the insurer of brokers and agencies, which pay it a premium every year (sections 8 and 17 of the Act). It can compensate a loss caused by an unintentional fault, error or omission of a broker or agency, if three criteria are met: fault, damage and a causal link.

The FICI. The Fonds d’indemnisation du courtage immobilier (section 108 of the Act) covers victims of fraud, fraudulent tactics or misappropriation of funds by a licence holder. The maximum compensation is $100,000 per claim for an act committed on or after May 10, 2018, and the claim must be filed within two years of becoming aware of the act. With a person who has no valid licence, the OACIQ states, there is no recourse to the Fund.

Assistance and the syndic. The OACIQ assistance service receives complaints from the public and can refer the file to the syndic (sections 70 to 72 of the Act). The syndic decides whether to file a complaint before the discipline committee and, if not, gives the reasons in writing (section 85). The person can then ask, within 30 days, for the opinion of the review committee (section 91).

The limits. A breach of ethics does not automatically lead to compensation, and a request for assistance does not interrupt the deadline to go to court, generally three years according to the OACIQ.

The contract and representation: the same rules everywhere

For a mainly residential building with fewer than five dwellings, land intended for residential construction, or a condominium (section 23), the law provides for:

• a written contract on the OACIQ mandatory form, formed only when signed (section 24); any verbal contract is null (section 26);
• obligations that begin for you only once you have received your copy of the contract (section 25);
• three days, after receiving the signed copy, to cancel at your discretion, despite any clause to the contrary (section 28);
• remuneration after the contract ends only if the contract is exclusive, the buyer showed interest in the property during the contract, the sale occurs no more than 180 days later, and you have not signed an exclusive contract with another broker in the meantime (section 27).

One broker, one party. The broker represents the party with whom they signed and gives fair treatment to the others. According to the OACIQ, dual representation has been prohibited in residential brokerage since June 10, 2022, unless an exception provided by law applies: the same broker may not represent both the seller and the buyer in the same transaction. If their buyer client wants to make an offer on a property the broker has listed for sale, the broker must terminate the purchase contract and recommend another broker (section 29.1). The exceptions cover a property with no other broker established within a 50 km radius, and an agency where two different brokers serve the buyer and the seller; the buyer must then consent in writing before making the offer (sections 16.1 and 17 of the regulation).

How remuneration is set and shared is explained in real estate commission in Quebec.

Competence: what can be checked, what is merely claimed

The licence sets a floor. To compare two brokers, three proofs can be requested anywhere in Quebec.

Closed transactions. A listing or a sign shows a contract obtained, not a sale closed. Ask for the transactions closed in your area and for your type of property. The price of a closed sale does not have to be published: the comparative market analysis is where the broker shows you comparable sales.

A written comparative market analysis (CMA). It starts from comparable sales in the neighbourhood and explains each adjustment. A price well above the comparables, with no document to support it, may be aimed at winning the contract rather than selling.

Reviews, rankings and awards. Ask what they measure: sales volume, revenue, membership in a network, a time period? An advertising statistic must indicate its source, and a broker may not falsely suggest they hold a specialist title (section 113). If a figure comes without a source, ask for it.

The questions to ask at the meeting, on pricing method, marketing plan and cancellation, are in 5 questions to ask before hiring a real estate broker. To prepare for that meeting, see the documents to bring.

By city: the local guides

Each guide applies these checks to the neighbourhoods, property types and data of one market:

• Best real estate agent in Laval
• Best real estate agent in Montreal
• Best real estate agent in Blainville
• Best real estate agent in Sainte-Thérèse
• Best real estate agent in Mascouche
• Best real estate agent in Lanaudière

Other areas served are listed on the real estate broker by area page.

These checks also apply to the broker behind this site. Georges Matar is a residential real estate broker, licence J7941, attached to RE/MAX DU CARTIER INC., 2820, boul. St-Martin Est, Bureau 201, Laval. The licence, its category and the agency can be checked in the OACIQ register. At the meeting, the brokerage contract is read before signing and the CMA is provided in writing, with comparable sales. Write to me to set it up. Service in French, English and Arabic.

Georges Matar

Residential Real Estate Broker · RE/MAX DU CARTIER INC.

Contact Georges Leave a Google review