Rules for property: real estate vs non-real estate? | ScriptaLegal
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Frequently asked questions > Real estate > Pre-purchase steps > Are these rules applying to property other than real estate properties?

Are these rules applying to property other than real estate properties?

Yes. The warranty of quality (against the latent defects) applies to all the property sold between individuals (that is to say, the sales made by non-professional sellers).

An individual who sells a property can however rule out his responsibility by selling the property "at the risk and peril" of the purchaser. The deed of sale will then have to contain expressions such as "sold as is", "sold without warranty", "the purchaser declares to have examined the property and to be satisfied", "the seller will not be responsible for a latent defect", "the purchaser buys this property at his risk and peril", etc.

A clause of this type will however protect only a seller acting in good faith. It will not protect a seller who was aware of the defect of the property (or could not ignore it) and still tried to sell it "without warranty"!

When the seller is a merchant or a professional, the warranty of quality applies also in theory. However, it can then be more advantageous to resort to the special regime of the Consumer Protection Act.

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