Latent defect lawyers in Quebec

Your latent defect lawyers

The team at Verreau Dufresne Avocats offers you skilled legal professionals to handle your latent defect dispute.

If you sold or bought movable or immovable property without the contract including a clause excluding the legal warranty against latent defects, the buyer may, under certain conditions, bring a latent defect claim.

It then becomes essential to retain a litigator and negotiator who masters the particularities of this area of law and its abundant, ever-evolving case law.

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Our latent defect services

Latent defects in buildings

Building subsidence / unstable soil
Structural problems
Soil contamination (e.g., iron ochre, pyrite, hydrocarbons)
Water infiltration, condensation, humidity, mould / rot
Water backup, sewer backup
Air quality problems (radon, mould spores, volatile organic compounds (VOCs))
Material deficiencies
Hazardous materials (e.g., asbestos)
Flood-prone land (flood zone)
Defective roofing
Construction defects
Poorly executed renovations
Foundation cracks
Drainage problems (French drain / foundation drain / agricultural drain), water pooling on the land
Infestations (carpenter ants, insects, mice, rodents)
Any other hidden deficiency that may affect your building’s systems (insulation, ventilation, plumbing, electrical, septic tank, leach field)
New home warranties
Negotiation and representation before the courts

Latent defects in other property

Latent defects in trailers and recreational vehicles
Deficiencies in industrial equipment
Design and manufacturing defects
Latent defects in vessels or specialized equipment
Safety defects in property
Negotiation and representation before the courts
Misrepresentation by the seller (fraud)

What is a latent defect?

A legal warranty that applies to every sale

Property sold in Quebec, whether new or used, is always sold with a legal warranty against latent defects, unless the contract specifies that the sale is made “without legal warranty”.

This legal warranty allows a buyer, under certain conditions, to sue the seller to obtain compensation or the cancellation of the sale.

A defect

A latent defect first requires proof that the property sold has a defect. By this we mean a defect, a failure, a breakdown, a manufacturing or design flaw, a failure to follow good practice, etc.

Deterioration due to normal wear and tear or the passage of time is therefore not a defect within the meaning of this warranty.

The legal warranty against latent defects applies regardless of whether the seller knew about the problem before the sale.

A serious defect

Minor defects are not covered by the legal warranty against latent defects. The defects covered must be serious and affect the use of the property or reduce its usefulness or value.

The buyer must prove that they would not have bought the property, or would have offered a lower price, had they known about the defect.

A defect that existed at the time of the sale

The legal warranty against latent defects covers only defects that were present at the time of the sale.

For example, water infiltration through the windows one year after buying a house will not be covered by the warranty.

A defect that is hidden

Defects that could have been detected when the property was purchased are not covered by the legal warranty against latent defects.

A defect is apparent when it can be detected through a cursory examination of the property. A defect may also be apparent when there are signs suggesting a problem, in which case the buyer must examine the property more thoroughly.

A defect unknown to the buyer

Defects disclosed by the seller at the time of the sale are not covered by the legal warranty, since the buyer then acquired the property with full knowledge of the facts. Buyers must therefore pay particular attention to the seller’s representations and to the documents the seller provides before the sale.

What to do if you discover a latent defect

If you discover a latent defect in your property, you must notify the seller as soon as possible. Unless urgent action is required, it is important to give the seller a chance to come and see the problem before you undertake any corrective work.