Buy without legal warranty

February 10, 2022

Looking for a new home, you notice something unusual in the listing of a property that interests you. The seller insists on selling it without legal warranty, at your own risk.

What is a legal warranty?

The legal warranty gives you recourse against the seller of real estate, whether it is a single-family home, a condo, a plex or other.
These remedies apply in particular if you discover defects which were hidden at the time of the sale and which were not discovered during the pre-purchase inspection.
One could think of the example of mold on a wall.
If one of these situations occurs, you can claim the legal guarantee so that the seller repairs it at your expense.
You can also cancel the sale, if the repair is not possible.
The legal warranty is normally automatic. You don't need to ask your seller.

However, the seller may at times decide to exclude the legal warranty.
During the promise to purchase and the deed of sale, the mention that the sale is made "without any legal guarantee, at your own risk and peril" must be mentioned.

On the other hand, he cannot surprise you with that.
You must be informed before signing anything and you can try to negotiate the terms.

In principle, the person who buys without a guarantee of quality will have no recourse against the seller if he discovers a defect of which he was unaware. If you can prove that he knew it, but did not disclose it to you, civil remedies could still be considered.

If you want to buy a house without a legal warranty of quality, the pre-purchase inspection is doubly recommended.
The specialist or building inspector who will do so will then be notified of the warranty exclusion.

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