- Purchase : Sale without legal warranty of quality
Definition : Purchase - Sale without legal warranty of quality
Mention inscribed in an offer to purchase (promise to purchase) or in a deed of sale. Its purpose is to exclude the guarantee of quality for latent defects, namely those that could affect the building in whole or in a part, for example the roof and foundations. Thus, in the event of the discovery of a hidden defect, the buyer would waive the right to take legal action against the seller.
WHAT YOU SHOULD KNOW! The exclusion of legal guarantee is often used, during a sale, by the liquidator of a succession. In addition, the law provides that the sale under judicial control does not give rise to any guarantee of quality.
WHAT TO KEEP IN MIND : The professional seller can’t exclude or limit his civil liability by a waiver clause regarding the legal guarantee of quality. It is presumed to have known the defect at the time of the sale, when the malfunction of the good or its deterioration occurs, prematurely, in relation to identical goods or of the same kind.
WARNING! The seller may not exclude or limit his liability, if he has not revealed the defects that he knew about the property, or that he could not have been unaware of.
L'article 1068.1 du Code civil du Québec, issu du Projet de loi 16, obligera une plus grande transparence lors d'une transaction en copropriété. Le document d'attestation prévu dans cet article posera des questions pointues sur "l'état de la copropriété", afin que les acheteurs sortent du brouillard avant d'acquérir un appartement détenu en copropriété divise.
27 mai 2021 — La ministre des Affaires municipales et de l’Habitation (MAMH), Andrée Laforest, a récemment lancé une vaste consultation visant l’adoption de sept dispositions prévues dans le projet de loi 16. Celui-ci a été sanctionné en janvier 2020.
19 mars 2021 — La situation immobilière actuelle, au Québec, envoie un bien mauvais message aux acheteurs de propriétés résidentielles. Certains d’entre eux se lancent corps et âme dans une course à l’acquisition en baissant la garde, et en renonçant à certaines protections pourtant essentielles. C’est ce que nous apprenait récemment Patrick Hiriart, ombudsman à l’Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ).
Article 1726 paragraph 1 of the Civil Code of Quebec, provides that " The seller is bound to warrant the buyer that the property and its accessories are, at the time of the sale, free of latent defects which render it unfit for the use for which it was intended or which so diminish its usefulness that the buyer would not have bought it or paid so high a price if he had been aware of them. In other words, the latent defect prevents the buyer from enjoying, as he was entitled to expect, the property sold and its accessories. However, the purchase cannot be done blindly, as the buyer must exercise caution and diligence in the purchase process. Thus, a defect that was denounced by the seller at the time of the sale is not covered by the legal guarantee since the buyer then acquired the property knowingly. A buyer must therefore be particularly attentive to the representations and declarations of a seller, as well as to the documentation given by the latter before the sale
Even after the transfer of ownership, the buyer benefits from several guarantees. Unless otherwise stated, the sale of a building is subject to a basic guarantee, generally called the "legal guarantee". This guarantee exists by the sole effect of the law, that is to say without it being necessary to provide for it in the contract. Under article 1716 of the Civil Code of Quebec (C.c.Q.), the legal guarantee has two components, namely the guarantee of the right of ownership (1723 C.c.Q.) and the guarantee of quality (1726 C.c.Q.) against hidden defects. This guarantee covers the validity of the right of ownership and guarantees the buyer that the building and its accessories are free from hidden defects likely to make them unfit for use or which reduce its usefulness so much that the buyer would not have bought or would not have paid the same price if they had known them.