A sale without warranty: an absolute protection against any remedies by the buyer?

Does a sale without legal warranty of quality provide absolute protection against any buyer claims? Mtre Bryan-Eric Lane answers this question in a column published on the news site of Tremblant Express.

Many believe that a seller selling their property without a legal warranty of quality will automatically be protected against any possibility of legal action by the buyer in the future, as well as any resulting condemnation.

However, it is important to distinguish between the obligation to inform and the legal warranty against latent defects, which overlap. The seller’s obligation to inform aims to protect the integrity of the buyer’s consent, which must be enlightened (whether the legal warranty is excluded or not), while the legal warranty of quality aims to protect the integrity of the physical use of the property sold.