Being accompanied by an experienced latent defect lawyer in Montreal is the wisest solution to defend your rights and interests. Cases in the field of construction and real estate law are complex. Since contractual responsibilities are shared among many third parties, having a recognized legal advisor to intervene on your behalf to protect your rights is a valuable asset. Our team of lawyers simplifies the legal procedure related to the latent defect and defends your interests to your satisfaction.
The know-how of our latent defect lawyers in Montreal
The latent defect defined by a latent defect lawyer in Montreal
Under article 1726 of the Civil Code of Québec, the seller is required to guarantee that the property and its accessories are, at the time of sale, free of latent defects that make it unfit for the use for which it is intended. The code also protects the buyer if the hidden defects diminish the usefulness of the good to such an extent that the buyer would not have bought it or would not have given such a high price if he had known about them.
However, he is not required to guarantee the latent defect known to the buyer, nor the apparent defect; A defect is apparent that can be observed by a prudent and diligent buyer, without the need to have recourse to an expert.
- Serious;
- Prior to the sale;
- Unknown;
- Hidden.
What is the quality guarantee and how can I benefit from it?
The quality guarantee is automatic and offered to any buyer taking possession of a property. The only exception to this rule is for real estate purchases without a legal warranty. As it is impossible to report the latent defect to the seller, the buyer must turn to other avenues. A lawyer practicing latent defects and real estate at Azran & Avocats will be able to offer you legal advice in the context of litigation to defend your interests.
To benefit from the legal warranty of quality in the event of hidden defects, the defects must meet the four criteria mentioned above. They must therefore be serious, predate the sale, unknown at the time of purchase and be hidden. The apparent defect is therefore not covered by the quality guarantee.
If you believe you are entitled to the quality guarantee and need representation at the Court of Appeal, do not hesitate to contact a latent defect lawyer in Montreal at Azran Lawyers. We will vigorously defend your rights in the event of disputes.
La garantie de qualité et sa renonciation
Unless explicitly waived by the buyer, the seller is obliged to guarantee the quality of the property sold. Waiving the quality guarantee is an increasingly common practice in the Quebec real estate market. This waiver usually results in a drop in the sale price of around 10%.
However, it is important to know that this waiver can only take place between individuals. Indeed, the renunciation that would occur with a professional seller is not valid.
However, this does not prevent some professional sellers from inserting such clauses in their sales contract. This unscrupulous tactic aims to dissuade the buyer from exercising an action for latent defects. In such a situation, don’t let that put you off. Your recourse against the professional seller is in no way weakened.
In addition, even when there has been a waiver, the buyer retains his recourse for latent defects against a non-professional seller who has shown bad faith by his false representations as to the condition of the immovable.
Finally, the sale made under judicial supervision does not give rise to any guarantee of quality.
Read also
Who to sue with a latent defect lawyer in Montreal?
To sue a professional seller or an individual, the defect in question must meet the four conditions of hidden defects seen above. If you have discovered a defect and have simple applicable evidence, the qualified real estate lawyer is then the legal advisor to contact.
However, be aware that a defect that was not hidden at the time of purchase could still be the subject of a lawsuit. This is because if you have hired an inspector, the burden of being a careful and diligent buyer now falls on the shoulders of the inspector. The latter may thus be prosecuted for any defects apparent at the time of the inspection. The Tribunal will then analyze the work of this inspector by comparing him to an inspector who is normally prudent and diligent, placed in the same circumstances.
In addition, there may be recourse against the seller’s broker in the event of misrepresentations by the seller. The buyer’s broker may also be sued when the buyer does not respect his duty of advice or loyalty to his client. For example, a broker commits a fault if he places himself in a conflict of interest or fails to inform the buyer that the immovable is encumbered by certain rights. For example, the existence of a commercial lease or a legal hypothec, an easement, etc.
The respective liability of the various parties involved in the real estate transaction remains a question of fact that can be complex. Your lawyer for latent defects is there to separate this liability and establish your chances of success against each of them.
Possible remedies with the help of a latent defect lawyer in Montreal
The presence of latent defects is a defect that alters the purchased property in such a way that a prudent and diligent buyer placed in the same circumstances would not have purchased it or would have purchased it at a different price. As a result, the buyer will be able to claim:
- Damages;
- Reduction of the selling price;
- The cancellation of the sale and the return of the services.
What not to do?
It is essential not to proceed with repairs or corrective work before the seller has had a reasonable period of time to visit the premises and analyze the alleged defects himself. Failure to do so may result in the buyer losing claims for damages caused by the latent defect. Unless there has been an emergency, for example a situation involving a risk of immediate loss or deterioration of the property.
Why sue with the assistance of a latent defect lawyer in Montreal?
The discovery of a latent defect is a difficult experience for a new buyer to handle. As soon as a hidden defect is discovered, it is essential to take action. Contacting a real estate law firm to defend your interests is the first step in order to have effective representation.
Support and professional representation tailored to your needs
It is not uncommon for a buyer to believe that there is no urgency given the usual three-year prescription in civil matters. However, the action will be dismissed if no written notice of denunciation has been sent to the seller within a reasonable period of time. A period of six months following the discovery of the defect is considered a reasonable period of time, unless there are justified circumstances.
A latent defect lawyer in Montreal allows the judicious buyer not to fear the dismissal of his action for procedural reasons. In addition, when faced with a late denunciation, the experienced lawyer has the ability to convince the Court that there are circumstances justifying the delay or that they are circumstances in which the sending of an information was not necessary.
Moreover, a qualified lawyer will be able to guide the buyer so that he or she is able to meet his or her burden of proof. Our real estate litigation lawyers will suggest the necessary recommendations to assert your rights while saving you money on unnecessary steps.
Cutting-edge experience with real estate files
To conclude, considering that about 90% of disputes are settled amicably, it is essential that you can negotiate effectively. Your lawyer will make sure to defend your interests, negotiate tenaciously and prevent you from giving in to an unfair agreement under pressure. For additional information regarding latent defects, please do not hesitate to contact the undersigned attorneys.
If this is your case, the renowned law firm Azran Avocats offers you a free telephone interview in order to identify your situation as soon as possible. There is no substitute for the experience of a real estate lawyer in latent defect cases.