Hidden Defects After Buying a Property: What Should You Actually Do?
Buying a property is a major life event. However, even careful and diligent buyers can sometimes discover serious problems after the transaction. These issues, which were hidden at the time of sale, may be considered hidden defects after purchase under Quebec real estate law.
In this article, we explain in detail what a hidden defect is in a property, the seller’s obligations, the buyer’s recourse, and the steps to take to protect your rights. If you suspect a problem, a real estate lawyer specializing in hidden defects can guide you.
What is a hidden defect in a property?
According to the Civil Code of Quebec, a hidden defect is a flaw that:
- Is serious, reducing the value of the property or making it unfit for its intended use.
- Is not apparent, meaning it could not be detected by a careful and diligent buyer.
- Existed before the sale, even if discovered afterward.
- Was unknown to the buyer at the time of purchase.
It can include things like water infiltration, mould, foundation problems, or a dangerous electrical system, as long as the defect existed before the sale and was neither known nor visible at the time of purchase.
Seller’s Obligations and the Legal Warranty of Quality
Under the legal warranty of quality, the seller must deliver a property free of hidden defects. This means that if a hidden defect is discovered, the buyer may have recourse against the seller, even if the seller was unaware of the issue.
However, if the seller knew about the defect, they may be held even more strictly liable, and could be ordered to pay damages. That’s why it’s recommended to consult a real estate lawyer to determine if the issue meets the criteria to be considered a hidden defect.
Comparison Table: Apparent Defect vs. Hidden Defect
| Criterion | Apparent defect | Hidden defect |
| Visibility at the time of purchase | Visible to a careful buyer | Not visible, even after a reasonable inspection |
| Seriousness of the defect | Often minor or tolerable | Major or serious defect affecting the use or value |
| Time of discovery | Before or at the time of sale | After the sale |
| Seller’s liability | No liability in general | May be liable even without bad faith |
| Need for an expert | Rarement | Often necessary to prove the existence and seriousness of the defect |
Steps to Take After Discovering Hidden Defects After Purchase
As soon as a hidden defect is discovered, the buyer should act quickly.
Here are the main steps to follow:
- Document the defect: photos, videos, expert reports.
- Notify the seller of the defect in writing and within a reasonable time, ideally by registered letter.
- Send a formal notice to the seller to repair the defect or provide compensation.
- Contact a real estate lawyer to explore possible recourse options (negotiation, mediation, or legal action).
Hidden Defects After Purchase: What Are Your Options in Quebec?
Depending on the circumstances, the buyer may:
- Request a reduction in the purchase price.
- Obtain reimbursement for repair costs.
- Cancel the sale in the most serious cases (rare but possible).
- Claim damages if the seller was aware of the defect.
Sending a formal notice is a mandatory step before taking legal action. A real estate lawyer specializing in hidden defects can help you draft it properly.
“Me Sabbagh listened carefully, identified the risks involved in a real estate transaction, and proposed an effective approach to resolve them. I highly recommend him!”
When in doubt, consult a lawyer.
The presence of a hidden defect or property issue discovered after purchase does not mean all is lost.
Quebec real estate law provides strong protections for buyers, as long as they act within the deadlines and follow the proper procedures. Each case of hidden defects deserves a professional assessment.
Paul Sabbagh, a real estate lawyer in Montreal, is recognized for his expertise in hidden defect claims. His compassionate and thorough approach has helped many clients effectively assert their rights.
➡️ When facing hidden defects after a purchase, it’s essential to know your rights and the steps to take in Quebec.
Contact a real estate lawyer specializing in hidden defects, like Me Sabbagh and his team, to enforce your rights.
NOTE: This article does not constitute legal advice. It is provided for informational purposes only to help readers better understand certain aspects related to hidden defects in the context of a real estate purchase in Quebec. Since every situation is unique, we recommend consulting a specialized lawyer for an assessment tailored to your case.