Definition
The legal quality warranty derives from articles 1716-1731 of the Civil Code of Quebec. It applies automatically to every real estate sale and obligates the seller to guarantee the property is free of hidden defects that would make its normal use impossible or significantly impaired.
Scope of warranty: - It applies even if the seller was unaware of the defect (good faith seller) - It survives transaction closing - It also protects against undisclosed charges (unknown mortgage, hidden easement)
Possible exclusion ('sale without legal warranty'): The seller can exclude this warranty in the deed of sale, but: - The clause must be explicitly drafted - The seller cannot escape the warranty for a defect they knew about and deliberately concealed - The buyer must explicitly accept the exclusion
Practical advice: a pre-purchase inspection is even more critical in a sale without legal warranty.