In a ruling on December 18, Judge Étienne Parent dismissed a lawsuit by Inspro against broker Denis Desjardins, affirming the right of real estate sellers to require buyers to choose a “reliable” inspector.
This decision changes the game in Quebec’s housing market, where disputes over the quality of pre-sale inspections have long heated passions.
Sellers’ Right to Protection
The seller remains the owner of the house until the signing of the sales deed and has the right to decide who enters their property — this is the key thesis of the verdict. Brokers can now include in the counter-offer a clause allowing them to refuse inspection by a specific specialist chosen by the buyer, but without the right to completely block the inspection. “This cannot be used to delay or derail the deal,” clarified Judge Parent.
Denis Desjardins, representing the sellers, insisted that buyers often choose “anyone available,” leading to superficial checks and subsequent lawsuits for hidden defects. “The seller is interested in a competent inspector to avoid risks,” he noted in comments to the media. His lawyers from Gaucher Ross proved the absence of malicious intent in recommending a list of vetted professionals.
Losses for Independent Inspectors
Inspro founder Anastasia Lukeniuk, who moved into the inspection business after buying a defective home, claimed she lost contracts due to “blacklists” from brokers like Desjardins. The court found no evidence of discrimination: refusals came from the sellers themselves or their representatives. “Several buyers refused Inspro because the seller or Desjardins required an inspector from the list,” the ruling states, but this was deemed legal.
Experts’ Opinions Divided
The decision was welcomed by the Association professionnelle des courtiers immobiliers du Québec (APCIQ). Director Nathalie Bégin noted that sellers often spent thousands on counter-expertise due to “lazy inspectors without insurance.” Lawyer Isabelle Siroua called the verdict a “Christmas gift”: now it is possible to demand qualified specialists, but only in good faith, without imposing “their own.”
In contrast, ACIBI and ACQC see a threat. ACIBI President Peter Wicks warned of a conflict of interest: “Vendors will be able to dictate who inspects their home — this undermines independence.” ACQC Director Marc-André Arnaud added that in a housing shortage, buyers will not dare to argue, risking losing the property.
Certification as a Solution
Starting October 1, 2027, inspectors in Quebec will be required to obtain certification from the Régie du bâtiment du Québec under the BNQ 3009-500 standard, including training and insurance. “This will standardize practices and cut out amateurs,” hope optimists like Bégin and Siroua, although they do not expect miracles.
Parent’s decision establishes a balance: the seller’s freedom is counterbalanced by good faith and future regulation. The Quebec real estate market, where disputes over inspections are multiplying, has received clear frameworks — but the debates are just beginning.
