Legal warranty (or warranty of quality)
Once a buyer has purchased a property, along with the warranty of ownership, he/she receives a warranty of quality (or legal warranty) in accordance with the Civil Code of Quebec. This warranty applies to the building and to the right of ownership.
When a seller sells his/her property, he/she is required to guarantee that the property is free from major defects that would render it impossible to use as per the buyer’s expectations. The warranty also protects the buyer from hidden defects that, if known, would have influenced either the buyer’s decision to purchase the property or the price he/she offered for the property.
Buying a house without a legal warranty
A homeowner can sell his/her property without a legal warranty. This is often the case when it comes to an inheritance or to a foreclosed home.
When the legal warranty is excluded from the sale, the buyer engages to purchase the property at his/her own risk. If a hidden defect is revealed after the sale, the buyer cannot take legal action against the seller.