Latent Defects

The latent defect cases oppose a buyer and his seller (article 1726 of the Civil code of Quebec):

The seller is bound to warrant the buyer that the property and its accessories are, at the time of the sale, free of latent defects which render it unfit for the use for which it was intended or which so diminish its usefulness that the buyer would not have bought it or paid so high a price if he had been aware of them.

The seller is not bound, however, to warrant against any latent defect known to the buyer or any apparent defect; an apparent defect is a defect that can be perceived by a prudent and diligent buyer without the need to resort to an expert.

Whether in demand or in defense, our attorneys can assist you :

We analyze your file in order to determine the chances of success of the lawsuit

Depending on the amounts involved, the chances of success and the complexity of the case, our attorneys will aim to propose you the most cost/result efficient solution for you

We advise you and draft the notice of denunciation when required

We analyze the degree of liability of the various actors who acted in the sale

Our law firm’s specialized practice in Condominium Law enables our attorneys to act efficiently in latent defect cases whether regarding large co-ownerships or regarding regular houses.

Our attorneys are also capable to act in commercial transactions, in the context of the discovery of latent defects at delivery of goods.




FISET LÉGAL inc. is a law firm located in Montreal and specialized in real estate and in commercial litigation. We are especially active in Condominium Law and in Construction Law.

We represent many syndicates of co-ownership and many co-owners located in Montreal and its surroundings. We provide legal advising to our clients and their property managers in the fields of Real Estate Law, Condominium Law and Commercial Litigation.

Our Law firm is able to intervene in complex files as well as in simpler files. We adapt the solutions offered and our services depending on the nature and complexity of the case.


  1175 Bernard Ouest, Office 301
Outremont, QC H2V 1V5



Condominium law
Hidden defects
Construction law
Real estate law
Commercial litigation
Commercial lease
Mediation and arbitration
Civil law


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