Real Estate Talk:
With or without warranty
The pros and cons of buying or selling with or without warranty
By Joseph Marovitch
UPDATED NOVEMBER 15, 2018
Imagine! You just purchased your dream home. You followed all the right steps, from using a qualified broker to having an inspection. All conditions are complete to your satisfaction, possession has taken place and you are now enjoying your new home.
One day, not long after you have moved in, you are gardening on a beautiful warm sunny day when all of the sudden, as you’re digging a hole to plant your tulips, you strike oil! Not the Beverly Hillbillies’ kind of “get rich oil”, but rather the oil from a buried, leaky oil tank in your back yard that was used long ago, as part of the heating system. You bring in a city inspector, tests are performed and you find you have an environmental contamination problem in your back yard. Who do you call and who is responsible to clean up the mess and remove the tank?
The seller of the home is supposed to sell the home without issues that can de-value the home or render it unliveable, unless they sold the house without warranty, as is, at the buyer’s risk.
If you purchased the property with warranty, the previous owner would be responsible. However, the previous owner could hold the owner before that owner, responsible. In fact, all the previous owners are responsible until you find the owner that was aware of the tank and used it, or the last live owner.
To understand what warranty or without warranty means, first know that the home inspector is only responsible for the issues in and around the house he or she can see. The home inspector is not responsible for issues they cannot see such as structural cracks, broken linings in the chimney, buried old oil tanks. The issues that can pose a problem but cannot be immediately detected are called hidden or latent defects. The seller of the home is supposed to sell the home without issues that can de-value the home or render it unliveable, unless they sold the house without warranty, as is, at the buyer’s risk.
The words sold without warranty, as is, at the buyer’s risk must be placed in the following areas:
- The brokerage contract
- The Centris listing
- The promise to purchase
- In the deed of sale
There are reasons to sell without warranty and there are cons to selling without warranty.
Reasons for buying and selling without warranty:
- The vendor inherited the house but never lived in it, therefore does not want to be responsible for hidden defects
- The vendor is aware the house may have hidden defects and again does not want the buyer to hold them responsible for issues that may come up
- The vender may be leaving the country and does not want to deal with issues after they have departed
- The buyer may intend to completely renovate the house and is not concerned with hidden defects
- The buyer wants a lower purchase price and is prepared to take the risk of hidden defects in exchange
In most cases, where the seller lived in the house and maintained the house in good condition, the house is sold with warranty.
Cons to selling without warranty:
- The vendor may end up with a lower selling price or take much longer to sell, since selling without warranty raises many red flags of warning
Next article: Purchasing a 2nd home in the country side.
Issues to consider: Lakefront by-laws, septic tanks, weeping fields, water wells, etc.
Should you have questions or comments, please refer to the comments section at the bottom of the page. As well, to view past articles, go to the search link and type in Joseph Marovitch.
Have a great week!
State of the market
The real estate market, according to the CMHC and other sources, will remain hot with rising prices in single homes, condos and rentals and it is no wonder. Prices in Montreal are still relatively low compared to Toronto and Vancouver.
We have one other factor that lends to rising prices despite rising interest rates. Montreal is an Island with limited space. There is very few places left on the Island to build outward and Montreal is approaching its limit in height. There are by-laws that limit how many floors one can ad to a building to create more space, more apartments and more condos.
Once Montreal reaches its limit, there will only be a re-sale market and not new construction. When this happens, Montreal will be like Hong Kong with prices rising to the sky as people fight over space.
If you are in real estate now and purchasing property, especially in the downtown core, you will do well. Twenty years from now will not likely be the same. We will be more like Vancouver or worse. The solution will be that the city will become larger an spread out past the St Lawrence, much like the situation in Paris.
Fun days ahead.
Image: Andrew Burlone
Read also: Real Estate Talk: The inspection process
Joseph Marovitch has worked in the service industry for over 30 years. His first career was working with families from Westmount and surrounding areas, hosting children between the ages of 6 to 16 as the owner and director of Camp Maromac, a sports and arts sleep away summer camp established in 1968. Using the same strengths caring for the families, such as reliability, integrity, honesty and a deep sense of protecting the interests of those he is responsible to, Joseph applies this to his present real estate broker career. Should you have questions please feel free to contact Joseph Marovitch at 514 825-8771, or email@example.com