Sale without Legal Warranty

by | About, Legal, Legal Documents

A sale without legal warranty, often called a sale at the buyer’s own risk, means that the seller does not guarantee the condition of the property. This concept is commonly explained by OACIQ (Québec’s real estate brokerage regulator).

Under normal circumstances, the law provides a legal warranty of quality, which protects buyers against hidden defects. In a sale without legal warranty, this protection is removed. The buyer agrees to purchase the property “as is,” including any visible or hidden issues.

However, this does not protect a seller who acts in bad faith. If the seller knew about a serious problem—such as water infiltration, structural damage, or foundation cracks—and failed to disclose it, they could still be held legally responsible.

This type of sale is common in situations like inheritances, bank repossessions, or when the seller has never lived in the property. For example, heirs selling a family home may choose not to guarantee its condition because they lack full knowledge of its history.

For buyers, this means greater caution is required. A thorough inspection, review of documents, and sometimes expert evaluations are strongly recommended. Often, the selling price is lower to reflect the additional risk involved.

In summary, a sale without legal warranty offers more protection to the seller but places more responsibility on the buyer. It is legal and common, but it must be clearly understood before signing.

The Mistakes First-Time Homebuyers Regret the Most — and How to Avoid Them

by | First-Time HomeBuyer Advice

Buying a first home is an exciting milestone, but it also comes with challenges that can lead to costly regrets. One of the most common mistakes first-time buyers make is rushing into a purchase simply because a property “feels right.” Many admit that they didn’t take enough time to understand the local market, compare prices, or evaluate long-term resale potential. This lack of research often results in overpaying or choosing a location that doesn’t meet expectations. To avoid this, buyers should analyze market data, visit multiple homes, and base their decisions on facts rather than emotions.

Another major regret involves underestimating the true cost of homeownership. Many first-time buyers only consider the mortgage payment and overlook other expenses such as inspections, legal fees, property taxes, maintenance, and necessary repairs. This financial miscalculation can quickly turn a dream home into a burden. The best way to avoid this situation is to create a realistic budget that includes unexpected costs, get multiple quotes for potential renovations, and consult a financial advisor early in the process to understand what is truly affordable.

Finally, a large number of buyers regret skipping or rushing through a proper home inspection. Fearing they might lose the property, some ignore warning signs or accept the house as-is. This often leads to unpleasant surprises: structural issues, roof problems, outdated plumbing, or insufficient insulation. The solution is simple but essential: hire a certified inspector, ask detailed questions, and don’t hesitate to negotiate the price or walk away if major issues are found. A careful, well-informed approach greatly reduces the chances of future regrets.

Things to know about me

by | About

Amir Hussein in not only a Real estate Agent that sells or buy a property, but a passionate about helping people through their emotional journey when buying or selling. His mission is to guide you through all the steps with your real estate transaction. No matter what size the transaction is, you will be treated equally with the best human service.

 

Certificate of Location

by | Legal, Legal Documents

Whether you are selling or buying a home, the certificate of location is a document that will provide you with very useful information.

To put your home up for sale, your real estate broker will ask you to provide a number of documents, including a certificate of location. Pursuant to the Land Surveyors Act, which is under provincial jurisdiction, a certificate of location is described as:

“A document en minute, consisting of a report and a plan, stating the land surveyor’s opinion on the current situation and state of immovable property in relation to ownership titles, the cadastre and the laws, regulations and by-laws which may affect it.”

As required by the real estate brokerage forms, the seller must provide his broker with a certificate of location describing the current state of the immovable. This includes not only the physical condition of the premises (adding a swimming pool, shed, fence), but also the changes in regulations that may affect the findings made in the certificate of location. For example, a change to zoning regulations of premises located within a flood zone, erosion zone or a landslide zone would require the making of a new certificate of location. The certificate of location must also reflect any cadastral renovation even if the only change is the lot number.

If your certificate of location dates back more than ten years, your broker will inform you, once the brokerage contract is signed, of the need to mandate a land surveyor to prepare a new certificate, although it describes the current state of the immovable. Indeed, at the time of sale, the notary will require a new certificate because of the ten-year prescription period set out in section 2917 of the Civil Code of Quebec.

In addition, obtaining title insurance does not in any way release the seller from his obligation to provide an up-to-date certificate of location, whether or not the purchase of the immovable is financed by a loan secured by immovable hypothec.

Fees

As mentioned in the real estate brokerage forms, the obligation to provide a certificate of location describing the current state of the premises is the seller’s responsibility; it is therefore he who bears the preparation costs. Furthermore, if the buyer requires the making of a new certificate, as part of his promise to purchase, and that the new certificate does not reveal any change compared to the previous certificate, its making shall be borne by the buyer.

Deadlines

When a new certificate of location is required, it is important to take into account the time period for its preparation, i.e. an average of four to six weeks. This period may be longer in this booming housing market context. It is also necessary to take into account the and the fact that the notary should be able to take a look at it, as for any existing certificate of location, at least 20 days prior to the signing of the deed of sale. (source: OACIQ)