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Real estate law

The sale with legal warranty

The vendor and the purchaser of an immovable have certain obligations toward one another. The purchaser must take possession of the property and pay the sale price. The vendor must deliver the property and is bound by the legal warranty, that is, the law obliges him to guarantee certain things to the purchaser.

First, the vendor is bound by the warranty of ownership. He must guarantee to the purchaser that the immovable has no title defects and is free of all charges, except those declared at the time of sale. The vendor must also guarantee that the immovable does not suffer from encroachments (an encroachment on his part or an encroachment caused before the sale by a third person with his knowledge) and, within the confines of the law, does not contravene public law restrictions (for example, the vendor guarantees that the immovable complies with zoning regulations). The warranty of compliance with public law restrictions is, however, not absolute: the purchaser must remain vigilant.

Second, the vendor is bound by the warranty of quality, that is, the warranty against hidden defects. But be careful! The warranty of quality covers only major defects that existed at the time of the sale, that were unknown to the purchaser, and that a prudent and careful purchaser would not have discovered.

Easy, you say?

To the extent permitted by law, the parties may add to or reduce the legal warranty. The notary is well equipped to inform you on the subject and to include in the deed of sale a clause that extends or limits liability to reflect the wishes of the parties while complying with the law.