Skip to main content
Courteo Prêts

Regulation and legal framework

Conflict of interest disclosure

Français : Divulgation de conflits d'intérêts

Mortgage broker's legal obligation (Real Estate Brokerage Act, OACIQ) to declare any personal interest or relationship with a lender that could influence their recommendations.

Definition

Under Quebec's Real Estate Brokerage Act and the OACIQ Code of Ethics, a mortgage broker is required to disclose any real, potential or apparent conflict of interest before or at the time of concluding a transaction.

**Types of conflicts to disclose**: - Differentiated compensation depending on the lender (volume bonuses, tier bonuses) - Personal interest in the transacted property (e.g., sale of a property owned by the broker or a close relative) - Business or family relationship with the seller, buyer or recommended lender - Equity stake in a partner lender or financing agency

**Form of disclosure**: - Written, dated, signed by both parties - Must be made in a timely manner (before signing any commitment) - Kept on the client file

**Sanctions**: - Failure to disclose = disciplinary violation - Can lead to suspension or revocation of OACIQ licence - Can engage the broker's civil liability (damages to the injured client)

**Courteo**: The Courteo platform displays the compensation structure for network partners in the T&Cs and mandate documents, in accordance with OACIQ transparency requirements.

Ready to take action?

Start a file journey to obtain a negotiated rate via the Courteo network.

This definition is provided for informational purposes only and does not constitute legal, tax, or financial advice. For a personal situation, consult an AMF-licensed mortgage broker, notary, accountant, or the relevant financial institution.