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ARTICLE · 24 JANUARY 2020

When Selling Without Warranty Does Not Mean Selling Without Warranty

On October 23, 2018, the Superior Court of Quebec rendered a judgment that could have significant impact on interpreting "as-is" sales in Quebec.

CanadaReal Estate and Construction

On October 23, 2018, the Superior Court of Quebec rendered a judgment1 that could have significant impact on interpreting "as-is" sales in Quebec.

Facts

In 2006 Foncière St-Jacques Inc. (the Buyer) acquired a building from George Weisz and Robert Wasserman (collectively, the Sellers). The building sold for $3,125,000 and without warranty, "except for warranty as to title." After the sale, the Buyer alleged work done in 2001 and 2006 by a tenant (the Tenant) on the building prior to the sale was not in conformity with the Cultural Heritage Act (Act). The Buyer instituted an action in damages against the Sellers and the Tenant for $800,000 in order to execute the work required to render the property compliant with the Act.

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