Latent defect lawsuits have become enormously popular in Quebec in recent years. Finding a significant defect in a newly acquired property is definitely an unfortunate situation. On the other hand, receiving a formal notice that claims that a house has been sold with latent defects creates a feeling of anxiety. In both cases, a consultation with a lawyer should be essential because the consequences can be serious.

On the buyers’ side, who think they have discovered a latent defect in their property, there are several aspects to be verified before starting a legal action. First, it is necessary to know if it truly is a hidden defect.

Is the problem serious enough and does it cause harm? Was it an apparent defect at the time of the sale, i.e. a defect that could have been detected by a prudent and diligent buyer? Is the problem the result of normal use of the property? These are all questions that need to be addressed to determine whether a latent defect lawsuit has a chance of success.

The buyer must also ensure that he notifies the seller of the defect and asks him to repair it before carrying out repairs himself. This formality is completed by means of a formal notice to come and establish the defect and remedy it. If this is not done and the buyer remedies the defect, it will be difficult for the buyer to sue the seller.

On the seller’s side, the key will be to determine when, in the property’s history, the defect appeared. It is possible that the defect appeared before he himself acquired the property, in which case the former owner must be given formal notice.

In terms of latent defects, every case is very different from one another. To find out what options are available to you, contact us now!