Legal warranty and latent defects
What the legal warranty covers, what it doesn't, and how to protect yourself.
By default, you guarantee the buyer that the building is free of latent defects at the time of the sale.
What the warranty covers
A serious latent defect that existed at the time of the sale and that the buyer was unaware of.
What it doesn't cover
A defect the buyer knew about, or that a prudent and diligent buyer could have seen.
A buyer who discovers a defect must notify you in writing within a reasonable time. The right to sue generally expires three years after the discovery. In any case, you cannot hide a defect you know about.
Selling without legal warranty
Estates, houses needing renovation: some sales are made "without legal warranty, at the buyer's own risk." The clause must appear in the promise to purchase and in the deed of sale. The buyer will be more cautious and the price may reflect it: talk to your notary first.
The pre-listing inspection
Having an inspection before listing spares you surprises in the middle of negotiations. You can fix, adjust the price or declare, and the buyer often negotiates with less suspicion.