In the Quebec real estate market, more and more sellers prefer to list homes without the so-called legal warranty of quality. The reasons behind this trend are becoming clearer, and buyers are increasingly viewing this practice as the norm.
According to data from the Association professionnelle des courtiers immobiliers du Québec (APCIQ), nearly half of all properties in 2025 were sold without a legal warranty. And, according to experts, this share will only continue to grow.
A market-driven compromise
In a seller’s market, where demand significantly exceeds supply, buyers fear missing their chance to become homeowners. That’s why they are willing to make serious concessions, even when it comes to the biggest purchase of their lives.
If a suitable home appears at an affordable price, many agree to give up an important protection—the legal warranty. It includes two key elements:
- a quality warranty covering hidden defects (for example, water damage);
- a title warranty protecting against legal issues such as unauthorized construction or non-compliance with property boundaries.
Why sellers waive the warranty
Sellers have their own, often quite valid, reasons:
- the home was inherited, and the owner has never lived in it;
- older people do not want to leave potential lawsuits to their heirs;
- the property was originally purchased without a warranty, and the seller does not want to bear sole responsibility for potential issues.
Older homes are a higher-risk zone
The warranty is especially often excluded when selling homes older than 60 years. Even if the building looks to be in excellent condition, it is impossible to completely rule out hidden defects. Sellers understand that they haven’t seen what’s inside the walls and are not ready to take on long-term risks.
Buyers are becoming more informed
Today’s buyers are increasingly aware of these risks and approach the transaction more pragmatically. A house from the 1970s, for example, inevitably has elements from that era—and therefore potential problems.
That’s why a thorough pre-purchase inspection becomes a key step. It helps identify possible defects and draw up a plan for future repairs—a kind of “roadmap” for maintaining the home.
Young buyers have no choice
First-time buyers are especially vulnerable. A limited budget forces them to choose older, more affordable homes, which are most often sold without a warranty. For many of them, this practice becomes the only way to enter the real estate market.
Hidden defects: should you always go to court?
Even if a property is purchased with a legal warranty, not everyone is ready to go to court when defects are discovered. Court proceedings can be lengthy and costly.
That’s why specialists increasingly recommend seeking amicable ways to resolve disputes, avoiding drawn-out litigation.
Thus, waiving the legal warranty of quality is gradually turning from an exception into the new norm in Quebec’s real estate market. For sellers, it’s a way to reduce risks, and for buyers, it’s yet another compromise on the path to owning property.
