Posted at 12:00 p.m.
What does a purchase without legal warranty imply?
Guylène Lominy, branch manager at Proprio Direct, informs that all goods are generally sold by default with a legal guarantee. When we talk about legal warranty of quality, it means that the good purchased is free of any risk. People who sell without a legal warranty of quality often do so as part of an estate so as not to vouch for the quality of the house, or because they no longer want to have any responsibility for the property, which which is often the case for those who retire.
“By buying without a legal warranty of quality, it is impossible for you to sue a seller and hold him responsible for problems that will arise due to a hidden defect”, says Guylène Lominy.
If you signed without legal warranty and you want to turn against the seller, you will have to be able to prove and demonstrate that the latter was aware of the defect and that it was deliberately hidden from you.
Guylène Lominy, branch manager at Proprio Direct
According to her, you can absolutely buy without a legal warranty, which often implies a lower selling price, but she insists on the importance of calling on a building inspector. “We will always advise a buyer to do an inspection, but this recommendation is increased fivefold during a purchase without legal warranty because the inspector will be able to verify that there is no major problem apparent and possibly suggest an in-depth inspection. if he has any doubts. »
What is the certificate of location used for?
The certificate of location represents the identity document of a property. “We even make an analogy with the health book, because in the context of a transaction, it must reflect the current state of the building,” says Guylène Lominy.
Adding a pool, a hedge, building a wall, a shed are all examples that can change the appearance of the land.
It is your obligation as the seller to provide this up-to-date certificate of location. In addition to the transformations you may have made, municipal changes are likely to affect your property. For example, the City may have listed the territory in which it is located as a flood zone, whereas this was not the case when you purchased. It is therefore important that the future buyer be informed.
The new regulations set the validity of a certificate of location at a maximum of 10 years. “This delay comes from the fact that in the Civil Code, we speak of acquisitive prescription, that is to say that when a neighbor encroaches in an apparent way on your land, that it has never posed a problem for you and that it was in good agreement, this portion of the land belongs to him by right (article 2917 of the Civil Code of Quebec) after 10 years. It may sound weird, but it’s completely legal, ”continues M.me Lominy.
The new certificate of location is therefore an essential document that the notary will require in order to avoid unpleasant surprises when formalizing the sale. Your real estate broker will ask you for it when you sign the brokerage contract and he should advise you to quickly contact a land surveyor if it is no longer valid. “Surveyors are overwhelmed and are often not available for three months. If you find a buyer quickly, the notary is very likely to refuse to make a transaction without an up-to-date certificate of location. It is therefore very important to plan this meeting as soon as possible to avoid delaying the sale,” recommends Guylène Lominy.
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