Latent defects

Latent defects

Latent defects

We have specialized in hidden defects for over 25 years. Since 1994, protection against hidden defects has been designated as a guarantee of quality. This guarantee applies to the sale of movable goods and real estate.

Although this guarantee of quality exists solely by operation of law, it may be increased, restricted or, in certain circumstances, eliminated by the will of the parties to the deed of sale. The purpose of this legal guarantee is to assure the buyer of the usefulness of the property he has just purchased.

Indeed, every seller is required to deliver the property sold and to guarantee its ownership as well as its quality. For this guarantee to apply, a certain number of elements must be demonstrated.

First, the defect complained of must be unknown to the buyer and must have existed prior to the sale.

Second, the buyer must have shown diligence by making a careful examination of the property. In this regard, it should be noted that although it is not mandatory that this examination be done by an expert, we believe that it is preferable to call upon the services of a competent and experienced person.

Thirdly, the law imposes on the buyer the burden of denouncing the defect to the seller within a reasonable time of its discovery.

Finally, the defect must be of a certain seriousness in relation to the physical integrity of the property or its economic value.

For more information, we invite you to consult our legal capsules below or to contact us.

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To consult our chronicles on latent defects

  • LEGAL RECOURSES IN CASES OF LATENT DEFECTS
    Legal recourses in cases of latent defects?  In situations where your property is affected by a latent defect, that said defect was properly denounced to the vendor in a timely fashion and that he or […]
  • WHAT TO DO IN CASE OF A LATENT DEFECT?
    Have you recently discovered that your newly purchased property is possibly affected by a latent defect and you are wondering what to do? Obviously, given the important financial ramifications the situation may present, we highly […]
  • LEGAL RECOURSES IN CASES OF LATENT DEFECTS
    Legal recourses in cases of latent defects?  In situations where your property is affected by a latent defect, that said defect was properly denounced to the vendor in a timely fashion and that he or […]
  • WHAT IS A LATENT DEFECT?
    WHAT IS A LATENT DEFECT?  Have you recently purchased a property and have discovered a problem?  Are you facing a latent defect, as defined by the law?  Were you or the vendor aware of this […]