Lawyer specialized in hidden defects
Why consult a lawyer in the event of a hidden defect in a property?Sabbagh & Associé: lawyers in Montreal specialized in hidden defects
You’ve bought your dream home or an expensive rental property, but as soon as you move in, you discover some unpleasant surprises: crumbling foundations, water damage, mould between the walls… Buying real estate is a major decision in a buyer’s life, so it’s crucial to resolve these kinds of issues.
If you find yourself in this situation and the seller did not inform you of these problems, you may be the victim of a hidden defect in real estate.
Hidden defects are problems with the property that the seller was not aware of or that were concealed at the time of sale. In both cases, the seller is liable. To help you with this process, call on our team of real estate lawyers.
Why Contact our Law Firm for a Hidden Defect?
The discovery of a hidden defect after the real estate transaction is a frequent problem. We have assisted several clients who discovered hidden defects after the sale of the property. Our many years of experience in real estate law allow us to successfully fulfill the mandates entrusted to us. Our role is to protect the consumer and to help him during legal action after he discovers the hidden defects. Otherwise, our real estate lawyers are able to provide advice and defend the seller.
What Is a Hidden Defect in Quebec Real Estate Law?
A defect is a flaw that reduces the quality of a building. The defect must be serious enough to prevent the owner from using or enjoying their property fully and normally.
Quebec law protects the buyer if the defect is serious enough that, had they been aware of it before the purchase, they would not have bought the property or would have negotiated a lower price. A hidden defect is therefore a defect that is not visible during the purchase process. In fact, there are three main criteria for distinguishing a defect from a hidden defect:
- A hidden defect is not apparent and cannot be identified by a simple examination.
- A hidden defect is unknown to the buyer.
- A hidden defect existed at the time of purchase.
The seller is liable for hidden defects, even if they were not aware of them at the time of sale. However, the seller cannot be held liable for apparent defects and visible damage. The buyer must, therefore, always carry out a serious, thorough, and detailed inspection of the property they wish to purchase.
Lawyers Who Assist You in Legal Proceedings
Following a demand letter, the buyer can start an appeal court against the seller. It’s at this stage that our real estate firm lawyers come. The first meeting will offer you advice that guides you whether you are the seller or the buyer.
For the Seller
Regardless of if the seller was aware of defects in their property, they can still be held responsible for hidden defects. Thus, he will receive a demand letter and legal proceedings. To help the seller, our real estate lawyers analyze the situation and produce an effective defence strategy.
For the Buyer
Usually, it’s the buyer who contacts us for hidden defect problems. In principle, the buyer asks us for legal expertise to highlight defects in buildings. Our real estate lawyers take care to request that the relevant court manage this step. Then, we advise you on the reporting case.
If you request a cancellation of the purchase, our real estate law specialists will use wisely relevant jurisdiction based on their legal expertise. By using our services, you can obtain a purchase cancellation due to hidden defects.
Our Expertise in Hidden Defects at Your Service
The intervention of a real estate lawyer is necessary in many cases, especially for litigation concerning hidden defects. Whether you are a seller or a buyer facing hidden defects, calling on our real estate law experts remains the most appropriate solution.
Sabbagh & Associé Inc. has solid experience in real estate law since 1987. We listen to our clients, so you will receive the best legal advice to find solutions tailored to your situation.
Frequently Asked Questions about Hidden Defects
What is a hidden defect?
A hidden defect is a defect (i.e., a break or damage to property) that is not visible to the naked eye and that the buyer was not aware of before the purchase. The defect must be significant enough that the buyer would have refused to purchase the property or asked for a lower price if they had known about it.
What are some examples of hidden defects?
- Damaged foundations (significant hidden cracks or invisible damage)
- Presence of pests such as termites, which caused damage before the sale
- Damaged concrete slabs
- Faulty or defective electrical circuit
- Mould in the walls or lack of waterproofing
- Failure to declare that the building is in a flood plain.
What is the legal warranty of quality?
When you buy real estate from a seller, you generally benefit from a legal warranty against hidden defects. This warranty of quality applies to the property itself as well as all its accessories, such as swimming pools, sheds, garages, porches, etc.
How can a seller protect themselves against hidden defects?
The only way to prevent hidden defects is to repair them. If you maintain and inspect your property regularly, you will be less likely to encounter hidden defects. You should ask a building inspector to carry out a comprehensive preventive inspection of your property.
How can a buyer protect themselves against hidden defects?
A buyer must demonstrate that they have acted with care and diligence. The buyer should hire a qualified building inspector who can provide them with as much information as possible about the property and allow them to make an informed purchase decision. If the buyer does not have the property inspected, they are putting themselves at risk.