The Seller’s Obligations and Rights

What are the Obligations of the Seller? And What are Their Rights?

Selling a property imposes certain obligations on the owner to ensure a smooth sale without disputes:

The primary obligation of the seller is the obligation to inform. This obligation to inform the buyer is based on good faith and transparency.
An obligation of delivery and conformity at the time of sale.
The guarantee of eviction: the seller cannot back out of the sale and must guarantee that no other person will claim ownership of the property.
The guarantee against hidden defects: the seller (if not a professional) cannot be held liable for hidden defects if they were not aware of them.
The delivery of real estate diagnostics. To learn more, read our article on real estate diagnostics.

All of these obligations will be included in the sales contract. These contracts are written to protect the buyer primarily, but the seller also has safeguards in place to protect themselves.

Seller’s Obligations and Rights: Our Advice Sheets:

The obligations of the seller
Real estate diagnostics
Legal deadlines
Promise, sales agreement: the differences between pre-contracts
Withdrawal rights

What is Behind a Promise of Sale? What Does a Sales Agreement Commit You To?

The terms of a real estate transaction are not always easy to understand or differentiate: private deed, purchase offer, sale offer, promise of sale, sales agreement…

What Are the Legal Deadlines Between the Sales Agreement and the Final Signature of the Deed of Sale?

Typically, there are 3 to 4 months between the promise of sale and the final sale. There is no legal deadline. The seller and the buyer must come to an agreement regarding the time frame in which the final deed of sale will be signed.

When Can a Seller Withdraw?

The law does not provide a right of withdrawal for the seller. It is impossible for a seller to retract after signing; the seller is committed as soon as the promise of sale is signed. However, the seller can attempt to reach an amicable agreement with the buyer. Otherwise, they may be required to pay damages or, in some cases, be forced to sell the property. On the other hand, the buyer has a 10-day withdrawal period after signing the promise of sale.