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.