What is a hidden defect?
Have you noticed the presence of construction, soil, workmanship, or design defect in your property, and you were unaware of its presence at the time of the sale? Are you being sued for a hidden defect and you want to defend yourself? Our law firm with a practice specializing in hidden defects in Montreal can advise and assist you in the context of all the stages of legal action or an emerging dispute.
A hidden defect is a defect in the property. For the defect to be considered hidden, it must be unknown to the buyer at the time of the sale.
If you had been aware of the defect at that time, you might not have bought the property in question or you would have negotiated a reduction in the sale price.
Real estate sales are generally accompanied by a warranty of quality. Indeed, according to Section 1726 of the Civil Code of Québec: 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.”
If you think that your property is affected by a latent defect, it is possible to sue the seller to obtain compensation for the damage sustained. If your seller refuses to comply and you win your case in the context of a legal proceeding, you can claim the cost of the work required to correct the defects affecting your building. In certain situations, when the building is affected by serious hidden defects, it is even possible to request the cancellation of the sale.
It is important to remember that, if the building purchased has been sold without a legal warranty, it is no longer possible to invoke a hidden defect against your seller. However, other avenues may be available to you. We can advise you in your efforts and assert your rights.
A consultation with one of our lawyers with a practice specializing in hidden defects will allow you to verify whether your property is really affected by a hidden defect or if you have instead been the victim of misrepresentations, silence, or reluctance from your seller.
It is recommended to look for a consultation before starting any corrective action. Performing work without prior written notice of defect or formal notice to your seller may make you lose your rights!
FISET legal is a law firm offering comprehensive expertise, at your service for 10+ years.
Our attorneys offer their expertise in litigation and in real estate law, condominium law, construction law and all other related legal fields.
Our attorneys aim at advising you strategically, in your best interest and in order to optimise the results on file, proportionally considering the costs and the complexity of the file. We act in complex as well as in simpler cases.
Our Montreal-based law firm can help you with both prosecution and defence.
Our law firm offers its expertise in the context of litigation in real estate law, from housing or plexes to condominiums or single-family homes, as well as construction, insurance, and related areas of law. Our real estate lawyers make sure to advise you strategically, in your best interests, and in such a way as to optimize the chances of results in the case, proportionally to the costs and complexity of the case. We provide our services in both complex and simple cases.