Buy Property Without Legal Guarantee Quebec

What is a legal Guarantee?

Your acquisition of real estate, such as a condo, a duplex, etc. is safeguarded by a legal guarantee. It protects you against any concealed flaws that were not discovered during the pre-purchase examination and were not recognized at the time of purchase. such as mould that was concealed behind the walls.

If this happens, you can oblige the seller to correct the problem at his own expense by using the legal guarantee. If solving the problem is not possible, in some cases you can even cancel the purchase offer. (Legal consultation is required)

Normally, the legal assurance is implied. You don’t have to request it from the seller.

Warning! You are not permitted to request that the seller fix a fault that was disclosed in the seller’s statement using the legal warranty. Additionally, any flaws that would have been discovered in a pre-purchase examination, a current certificate of location, or a notary’s land register check are not covered by the legal guarantee.


The legal guarantee may the vendor waive.

The seller may indeed disclaim the legal warranty. The transaction must be done “without legal guarantee, at your risks and liability,” according to the offer to buy.

You won’t be surprised by this, however! No matter what, they have to let you know before signing any document. This provision is also negotiable with the seller.

You won’t be able to bring a claim against the seller for any issues brought on by concealed flaws if the legal guarantee is excluded. The only thing left for you to do is to prove that the seller lied to you about a crucial aspect of the deal. You must value that aspect of the home so highly that, if you had known about it, you would not have purchased it.

In the case of a concealed flaw during an unwarranted sale

Without a formal guarantee, there is no remedy against the seller in the event that a concealed problem is found after the sale of a home, with a few rare circumstances that only your lawyer can explain to you. The only method to hold a seller accountable is to demonstrate that they were aware of the problem at the time of the transaction. Even in the absence of a formal guarantee, a seller faces the danger of being held liable if he knew about a concealed fault but failed to disclose it before the sale.

When it comes to this kind of real estate deal, use extreme caution and be vigilant. You can ensure that you receive the assistance and support you need to complete your home purchase by working with a Sutton real estate broker.

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