The legal guarantee: How does it work?

In the current real estate market, it is common to see the mention “This sale is made without legal guarantee in the risk and dangers of the buyer.” This clause means that the seller emerges from any responsibility for property quality.

In other words, if problems arise after the purchase, they become the responsibility of the buyer, without the possibility of appealing against the seller. As a buyer, it is crucial to understand the implications of this clause and wonder if one is ready to accept the associated risks. You can then prepare your purchase offer with full knowledge of the facts.

The person who sells a building with a legal guarantee in Quebec must ensure that he is free of all titles vices and all hidden defects, except those reported before the sale in a document entitled The seller's statement. This legal guarantee is divided into two parts: the Property Law Guarantee and the QUALITY GUARANTEE.

These guarantees exist automatically, without being necessary to explicitly include them in the contract.

The guarantee of property rights protects the buyer against the following risks:

• The property is free of rights not declared by the seller.

• The seller will release the property of any mortgage, except those that the buyer agrees to assume.

• There is no invasion in the property of the seller or a third.

• The property does not violate any restriction of public law (except those declared by the seller or obvious).

Selling a property with the legal guarantee means that the seller guarantees that the property is free of hidden defects at the time of sale.

A hidden defect is an important non -apparent defect, which existed before purchase and decreases the use of property or its value. It must be invisible during the purchase, serious and unknown to the buyer. With the legal guarantee, the seller is responsible for hidden defects, even if they appear after sale.

If the seller knew a defect and did not reveal it, his responsibility extends and must compensate for the buyer for the loss of property value, as well as all other damages caused.

Therefore, buying a house “without legal guarantee in the risk and danger of the buyer” means that the buyer not only renounces the guarantee of his immediate seller, but also to all the guarantees offered by the previous sellers of the building, because this mention breaks the chain of guarantees that sellers have offered buyers since the construction.

• Ancient houses, such as ancestral houses, can present defects related to the wear and tear of the life of materials. It is possible that the seller does not know the complete history of the work done or the way they were originally carried out.

• In the case of a succession or resumption of finance due to the limited knowledge of the seller (or the heir) in terms of the vices that could affect the building.

• Some sellers prefer to fulfill any responsibility to avoid possible disputes in the future. An older person, for example, who wants to avoid being concerned about the possibility of a possible resource in a hidden vice against him or his succession.

There is no appeal against the seller: If a defect is discovered after the purchase, the buyer will not have an resource against the former owners. One can think of water infiltration, mold, structure, electrical components, etc. The only possible attraction is to demonstrate that the seller has voluntarily hidden the truth about an important aspect of the sale. This omission must be so important for the buyer if it had been known, the property would not have bought, or not at the same price.

Loss of guarantee of previous owners: In case of complete exclusion of the legal guarantee, the buyer will not benefit from the guarantees of the previous owners.

Resale of the house: When reselling, future buyers can be reluctant to buy a property that has already been sold without a legal guarantee.

Essential inspection : Although it is always highly recommended, regardless of the type of property, the buyer must make an inspection prior to the advanced and meticulous designer to guarantee the value of the property.

If you are in love and are determined to buy, return your conditional offer to the inspection. This step is crucial for several reasons:

• Evaluate risks: The inspection allows to detect hidden problems, such as structural defects or invisible defects, which could affect the status of the property.

• Request an additional inspection: If an expert must deepen specific points, you can do them before lifting the inspection condition (for example, structure analysis, humidity problems, etc.)

• Renegotiate the price or conditions: If the inspection reveals important defects, you can use this information to negotiate a price reduction or modify the conditions of the sale. This may include a price drop depending on the necessary repairs or a request to the seller to make repairs before the end of the sale.

• Provide more minor repairs: The inspector can also alert it to the expected work, whether they are carried out in the medium or long term, which allows him to plan a budget for the maintenance of the house.

• Make an informed decision: Without legal guarantee, an in -depth inspection is essential to ensure that the purchase is wise, which allows you to avoid unpleasant surprises after sale.

In summary, an inspection is an essential investment to buy with confidence and reduce uncertainties related to a purchase without legal guarantee. Inspection of a house It costs between $ 750 and $ 850 for a single -family house. This price can vary according to different factors, such as the area, age, type of building and location.

Buying a house without legal guarantee includes significant risks, but with adequate precautions and preparation, you can minimize these risks. By understanding what legal property and quality guarantee cover, and when performing a complete prior inspection, you can make an informed decision.

Does it plan to make an offer in a house sold without quality legal guarantee? Do you have any questions? Make an appointment with us on the calendar below for a free real estate consultation, we will answer all your questions to protect it in your purchase project.