Article 81 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising (C-73.2, r. 1) requires every Quebec real estate broker to recommend a pre-purchase inspection by a qualified professional — one who holds professional liability insurance, uses a recognized service agreement, follows a recognized inspection practice standard, and delivers a written report. That four-point checklist defines the broker's duty to advise. Understanding the framework helps the buyer demand the right service, the broker offer compliant advice, and the inspector locate their own independence.
The duty to recommend
Article 81 of the regulation requires the broker to recommend that the buyer have a complete building inspection carried out by a professional or inspector meeting four conditions:
- Holds professional liability insurance
- Uses a recognized service agreement
- Follows a recognized inspection practice standard
- Delivers a written report
In the OACIQ practice guide, these four conditions are the explicit criteria the inspector must satisfy for the broker's recommendation to be compliant.
Recognized practice standards
OACIQ-recognized standards include those of AIBQ, ATIB, APCHQ, and since 2022, the BNQ 3009-500 standard. BNQ 3009-500 has become the common reference in Quebec — it's what REIBH (the regulation framing inspector certificates starting October 1, 2027) rests on.
In practice, an inspector who practises under BNQ 3009-500 (produces a descriptive report compliant with chapter 9, respects the three finding categories of article 8, archives a complete file under chapter 10) already satisfies criterion 3 of the duty to advise.
Plurality of recommendations
When a broker chooses to provide a list of inspectors, the OACIQ regulation requires that the list contain more than one name. Personally recommending a single inspector — with no alternative — creates a presumption of bias or conflict of interest.
The final choice rests with the buyer. The broker facilitates, orients, but does not decide.
The prohibition on referral commissions
OACIQ's ethical rules explicitly prohibit the broker from receiving compensation for referring an inspector (or any other professional involved in the transaction). OACIQ has explicitly responded to media reporting on broker-inspector relationships: any financial arrangement that compromises the inspector's independence breaches the rules.
This prohibition overlaps with rule 5 of chapter 11 of BNQ 3009-500 (objective communication). An inspector who accepts a commission from a broker for referred clients loses the independence the standard requires.
The inspection clause in the purchase promise
OACIQ's mandatory promise-to-purchase forms have for several years included a pre-purchase inspection clause. A warning has been added: waiving the inspection is appropriate only in special circumstances (planned demolition, major renovation). If the buyer waives, they must now acknowledge having been informed by the broker of the risks. The clause's exact number varies with the current version of the OACIQ form.
For the inspector, this clause creates a clear contractual framework: when activated, the buyer has the right to have the building inspected within a time frame defined in the promise. The seller (and their broker) must facilitate access.
The broker's position during the inspection
The OACIQ guide reminds the broker to remain objective and not compromise the inspector's independence. In practice, the line between permitted facilitation and prohibited interference is sharp. See our guide on who attends the inspection for the full attendance rules; here's what the broker can and cannot do:
| The broker CAN | The broker CANNOT |
|---|---|
| Recommend ≥2 qualified inspectors meeting the four article-81 criteria | Recommend a single inspector with no alternative (creates a presumption of bias) |
| Attend the inspection as an observer | Dictate what the inspector looks at or skips |
| Explain the inspection clause in the promise to purchase | Insist on speeding up the inspection |
| Relay the buyer's questions to the inspector | Intervene in report writing or suggest minimizing a finding |
| Refer to the report with the buyer's written consent | Receive compensation for referring an inspector |
| Facilitate access to the property for the scheduled inspection | Require a copy of the report without the buyer's consent |
A broker who oversteps exposes their practice to an OACIQ complaint and exposes the inspector to credibility loss.
Changes with REIBH in October 2027
Starting October 1, 2027, every building inspector in Quebec must hold an RBQ certificate. OACIQ has publicly supported BNQ 3009-500 adoption and the regulatory framework that follows. The practical consequence for brokers: the "qualified inspector" criterion will now effectively include holding the RBQ certificate. Recommending an uncertified inspector after that date will be hard to justify against a potential complaint.
We cover obtaining this certificate in detail in our RBQ building inspector certificate guide.
How Axiom³ facilitates OACIQ compliance
The Axiom³ editor systematically produces:
- A recognized service agreement (APCHQ or AIBQ) generated and digitally signed
- A BNQ 3009-500-compliant report structured by the 8 systems of chapter 12
- Electronic delivery with time-stamped consent in the client portal
An inspector using Axiom³ automatically satisfies criteria 2, 3, and 4 of the OACIQ duty to advise. They still need to keep insurance current (criterion 1, typically via AIBQ or APCHQ).
Try Axiom³ for free — 10 inspections, no credit card.
Common questions
Can a broker refuse to let the buyer have an inspection?
No. The inspection clause is in OACIQ forms as a default right. Refusing to give access to the property breaches the contractual obligation.
What happens if the inspector detects a major problem?
The buyer can, under the terms of the inspection clause, request a price renegotiation or withdraw from the purchase promise. The exact mechanics depend on the precise wording of the promise.
Can the broker require a copy of the report?
No, not without the requester's written agreement (rule 2 of chapter 11 of BNQ 3009-500). It's the buyer's decision whether to share their report.
Can the seller have their own inspection before listing?
Yes, and it's a growing practice (pre-sale inspection). The same BNQ 3009-500 framework applies, and the standard does not legally distinguish a pre-sale inspection from a pre-purchase inspection.
Sources & references
- OACIQ Regulation (C-73.2, r. 1), article 81: LégisQuébec
- OACIQ — Building inspection and the broker's responsibilities: oaciq.com
- OACIQ — Prohibition of conflicts of interest: oaciq.com
- OACIQ — Mandatory forms: oaciq.com
- OACIQ — BNQ 3009-500 press release: oaciq.com
- REIBH (B-1.1, r. 3.1): LégisQuébec
Last verified: April 22, 2026.