This warranty is imposed by the Civil Code of Quebec in the absence of a clause to that effect in any property sales agreement. It means that the seller is bound to warrant the right of ownership and the quality of the property.
Depending on the agreement between the parties, this warranty may, however, be increased or decreased accordingly, but in no case may the seller exempt himself from liability for his personal fault.
It is also provided in the Civil Code of Quebec that the seller may not exclude or limit his liability if he has not revealed the defects of which he was aware or could not ignore and which affect the ownership or the quality of the property sold. However, An exception may be made to this rule where the buyer buys from a non-professional seller at his own risk and peril.
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