Buyer's Guide

Off-Market Properties in Quebec

By Georges Matar · · 7 min read

Off-Market Properties in Quebec

Off-market is the most misused phrase in Quebec real estate. It suggests a back door and an insider price. The reality is more ordinary and, for a buyer, more demanding. Here is what it actually is, what the law requires of the broker, and what you give up by buying a property nobody else has seen.

What an off-market property actually is

An off-market property is simply a property that is available but not published on Centris or any other public platform. It is not a legal status and not a category of sale. It is a marketing decision.

The Regulation respecting brokerage requirements, professional conduct of brokers and advertising says so by implication. Under section 44, the broker must list the immovable on the information dissemination service when the party they represent wishes to use one, and must do so as marketing begins. Section 111 adds that the broker cannot disseminate any information about an immovable without express written authorization. In other words, off-market exists because a seller chose not to publish, not because a parallel network exists.

In practice these properties move through three channels only: a brokerage contract without public dissemination, a sale by an owner who has no broker, and word of mouth between brokers, only where the seller has chosen in writing not to publish, or to delay the listing for an exceptional reason written into the contract. There is no secret database.

Why it is not a guaranteed discount

A seller who does not publish is not a seller in a hurry. Often the reason is the exact opposite: no showings, no interior photos online, no questions from the neighbours. The motivation is discretion, and discretion does not lower a price.

The real problem is elsewhere, and it is serious: the price has never been tested. In a public marketing campaign, the market answers. Here nobody answers, and the only opinion available is the seller’s. The regulation in fact forbids a broker from giving an opinion on the value of an immovable unless it is founded and substantiated in accordance with usage and the rules of the art (section 76). A serious broker will therefore never tell you a property is a bargain because it is off Centris.

Exactly what the buyer loses

Comparables. The Quebec Professional Association of Real Estate Brokers brings together more than 14,000 brokers and agencies, and publishes Quebec residential market statistics from the brokers’ provincial Centris database. A property that never enters Centris feeds neither those statistics nor anyone’s comparables, including yours.

Competition. This cuts both ways, in fairness: nobody outbids you, but nobody reveals the true ceiling either. You negotiate alone against an expectation.

A validated price. The sale will eventually be public. Article 2938 of the Civil Code of Quebec subjects the acquisition of an immovable real right to publication, and registration in the land register follows. But it follows after your signature, not before your decision.

Often, the seller’s declarations. When no mandatory form applies, in particular where the seller has no broker, section 82 of the regulation requires the broker to recommend that the owner provide their declarations on the immovable to anyone proposing to acquire it. Recommend, not impose. Ask for them explicitly.

The broker’s duties do not disappear off Centris

The duty to verify and advise depends on no platform. The regulation is precise and applies in full:

A broker who opens an off-market door owes you exactly the same verifications as on a public listing. Before choosing one, see the questions to ask.

Disclosure of interest, the rule off-market makes critical

This is where the risk concentrates. When a property circulates in a narrow network, the person bringing it to you may hold an interest in it.

Section 2 of the regulation requires a licence holder to avoid conflicts of interest and, where a conflict cannot be avoided, to disclose it without delay and in writing. The Real Estate Brokerage Act goes further: section 21 requires disclosure of any conflict of interest, and section 98 provides that failure to do so draws at minimum a fine, on a scale running from $2,500 to $62,500 per count, doubled on a repeat offence.

The disclosure notice itself is governed by section 18 of the regulation. A broker who holds or proposes to acquire an interest in the immovable must, before the transaction proposal is drafted or accepted, send a written notice stating among other things the nature of that interest, by a means proving the date and time of receipt. Failing that, the person owed the information may withdraw without penalty from any offer or promise as long as the contract has not been signed. The notice is entered in the register of disclosure notices.

The rest follows: a broker holding an interest in an immovable cannot represent the buyer (section 20), a broker who wants to acquire an immovable they are mandated to sell must end the brokerage contract before submitting a proposal (section 22) and cannot claim any retribution (section 23). The Civil Code locks the principle in at article 1709: a person charged with selling the property of another cannot become its acquirer, even through an intermediary.

Double representation, prohibited since 2022

If the broker showing you the property also holds the listing, the question is settled. Section 29.1 of the Real Estate Brokerage Act requires that broker to terminate your purchase brokerage contract as soon as they learn you intend to bid on an immovable they hold for sale, to recommend another licence holder, and they cannot claim any retribution for that termination.

Only two exceptions exist, at section 16.1 of the regulation: no other licence holder has an establishment within 50 km, or the agency acts through two different brokers. In those cases, section 17 requires the broker to inform you in writing and obtain your written consent before you submit your offer. On the roles themselves, broker, agent, REALTOR sets out the rest.

Positioning yourself without buying the myth

Sign a written purchase brokerage contract: since June 10, 2022 any verbal contract is null, and you have three days to cancel at your discretion after receiving a signed copy. Give precise criteria, because section 46 of the regulation requires the broker to present only immovables that match them and to explain the reasons behind the selection. Insist on the seller’s declarations, have the property inspected as you would anywhere else, and prepare the visit with the full checklist. For a plex, add the leases and the financial statements: the beginner’s guide sets out which ones.

Off-market is one more channel, never a complete strategy.


Searching discreetly, or being offered a property off Centris? Write to me with your criteria and we will verify before getting excited.


Georges Matar
Georges Matar

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

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