Buying Without Legal Warranty in Quebec: What It Means
By Spyros Papachristou, Residential and Commercial Real Estate Broker, Royal LePage Village, Real Estate Agency · Updated October 2026
“Without legal warranty”: what it means before you make an offer
You’ll see this phrase on many listings, especially estate sales and older homes. It’s one of the most important clauses in a Quebec transaction and one of the least understood.
What is the legal warranty?
Under the Civil Code of Québec, a seller normally guarantees two things: that they have clear title to the property, and that there are no serious hidden defects other than those disclosed. The second part is called the legal warranty of quality.
What does “without legal warranty, at the buyer’s risk” mean?
The seller is excluding the warranty of quality. If you discover a hidden defect after closing, you would generally have no recourse against the seller. The warranty of title can’t be excluded; a seller must own what they’re selling.
Why would a seller exclude it?
Common reasons include:
- estate sales, where the heirs never lived in the home (see the estate sale guide: https://www.spyrospapachristou.com/estate-sale-guide)
- older homes whose owners can’t vouch for what’s behind the walls
- landlords and investors who never occupied the property
- Selling without legal warranty is permitted in Quebec, but it doesn't allow a seller to hide defects they know about.
Should I avoid these properties?
Not necessarily. Some good opportunities are homes sold without warranty. The key is to go in informed:
- get a thorough pre-purchase inspection
- read the seller’s declaration carefully
- factor the added risk into your offer
- ask your notary about the property’s warranty history
If I buy without warranty, can I sell with a warranty later?
Yes, according to the OACIQ. But the chain of warranty from previous owners is broken, so a warranty you give covers only your own period of ownership. Your notary can explain how this applies to a specific property.
Why this matters to me
As a long-time property owner, I’ve bought, managed and sold older buildings. An older property can be a great buy, as long as you know what you’re buying and it's priced accordingly. I’ll help you ask the right questions and bring in the right professionals.