Quebec real estate glossary · French to English
Garantie légale = Legal warranty. It is the legal warranty. It comes from the Civil Code, and a property can be sold without it, at the buyer's risk.
En bref, en français : La garantie légale se dit legal warranty. Elle découle du Code civil, et une propriété peut être vendue sans elle, aux risques de l'acheteur.
The Civil Code of Quebec provides that the seller warrants the buyer that the property is free of latent defects, in the terms of article 1726. The Code adds that these warranties "exist by operation of law, whether or not they are stipulated in the contract of sale".
That is the legal warranty: you get it automatically, unless the contract removes it. Educaloi publishes an English capsule specifically on "Real Estate: Buying Without a Legal Warranty", which tells you how common that situation is.
Sales without legal warranty
You will see this in successions, in sales by a financial institution, and in properties the seller has never lived in. The phrase to look for in an English listing is "sold without legal warranty of quality, at the buyer's own risk and peril".
What it changes for you
- Your recourse for a latent defect is sharply reduced.
- A thorough inspection stops being optional.
- The price should reflect the risk you are absorbing.
Say it in a sentence
The word on its own is rarely the problem. These are the sentences you will actually hear, and what they become in English.
| Vous entendrez | In English |
|---|---|
| La maison est vendue sans garantie légale. | The house is sold without legal warranty. |
| La garantie de qualité couvre les vices cachés. | The warranty of quality covers latent defects. |
| Le vendeur exclut la garantie de qualité. | The seller excludes the warranty of quality. |
The mistake we see most often
The mistake is reading past the phrase in the listing. Without legal warranty, at the buyer's own risk and peril, is one line in a description and it changes your entire position afterward. If you see it, the price has to reflect it and the inspection stops being optional. Buyers who treat that line as boilerplate are the ones with no recourse when the foundation talks back.
Where this fits in a Quebec transaction
Buying or selling in Quebec means signing documents that exist in both languages, written under civil law rather than common law. A word-for-word translation is sometimes right and sometimes actively misleading. The full list is in our Quebec real estate glossary, French to English.
Related terms
- latent defects in English
- our guide on vices cachés
- pre-purchase inspection in English
- bank repossessions
Questions we get asked
What is the garantie légale in English?
The legal warranty. It includes the warranty of quality against latent defects set out at article 1726 of the Civil Code of Quebec.
Do I automatically have it?
The Code states these warranties exist by operation of law whether or not they are stipulated in the contract. They can, however, be excluded by the contract.
Should I buy without a legal warranty?
It can be a reasonable decision at the right price and after a serious inspection. It is a poor decision made casually, because your recourse afterward is limited.
Published by the Loaa & Manseur team, number one team at RE/MAX Platine in 2024 and 2025. We work in French and in English. Tell us about your project.