October 25, 2019

Hidden Defects and the Legal Warranty of Quality

During the buying or selling process, a hidden defect is always a bad surprise. Your real estate broker will be able to guide and inform you.

The legal warranty of quality: what is it?

The legal warranty of quality informs the buyer that the building is free of defects at the time of the sale. However, it is strongly recommended to have the building inspected by an expert to identify any possible problems.

If you have any questions, your real estate broker can inform and advise you on the steps to follow for a pre-purchase home inspection.

Are defects automatically covered by the warranty of quality?

No. To be covered by the warranty of quality, the hidden defect must meet the following conditions:

  • It must exist at the time of the sale;
  • It must be unknown to the buyer;
  • It must be serious and diminish the building's usefulness.

Pyrrhotite in a concrete foundation can qualify as a hidden defect and be covered by the legal warranty of quality.

Because pyrrhotite is not detectable during a routine home inspection, it may be considered a hidden defect and covered by the legal warranty of quality.

Your real estate broker will be able to answer all of your questions about hidden defects and the legal warranty of quality!

How much do you know about real estate? Take this quiz!

See also:

Seller’s Declaration: A Reassuring Obligation!

Sales Without Legal Warranty: What You Need to Know

Hidden Defect? The Broker’s Responsibilities

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