In Quebec, the default legal warranty protects buyers from hidden defects and ensures clear title ownership. But a seller can exclude this protection with a clause like “sale made without legal warranty, at buyer’s own risk.” Professional sellers (e.g. developers) can’t opt out, though.
Sellers often exclude warranties in situations like estate sales, foreclosures, or older homes that need work. What’s in it for buyers? Usually a lower price (often an 8%–11% discount) and less competition. The downside is that you absorb full responsibility for any hidden problems, and your legal recourse is very limited unless you can prove fraud or bad faith.
One major catch: once a home is sold without a warranty, that exclusion travels with it. Future buyers can’t go backwards and claim protections.
So before buying “as-is,” the article advises:
• Get a detailed pre-purchase inspection
• Scrutinize everything the seller discloses
• Leave room in your budget for repairs
• Keep all promises and statements in writing
A good real estate broker can guide you — explaining risks and alternatives (like partial warranties), reviewing key documents, and recommending legal experts.
Bottom line: buying a home without a legal warranty isn’t inherently bad, but it’s a move you should make only when you understand exactly what you’re giving up — and what protections you still have.
