Hidden Defect Lawyer in Montreal
Being supported by a lawyer specializing in hidden defects 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 the contractual responsibilities are shared between many third parties, having a specialized legal advisor to intervene in your favour and protect your rights is a valuable asset. Our team of lawyers simplifies the legal procedure related to hidden defects and defends your interests to your satisfaction.
The expertise of our hidden defect lawyers in Montreal
The Azran Lawyers firm is a real legal pillar when it comes to hidden defects. Our lawyers specializing in hidden defects and real estate will be able to develop a legal strategy that is perfectly tailored to your case. With more than 30 years of experience in the field of construction law, real estate, and co-ownership law, our lawyers have the necessary skills and know-how to assert your rights with your opponents and to represent you in court when required.
Cease your concerns and reclaim your tranquility through our expert assistance. To discover the finest real estate and latent defect lawyers in Montreal, opt for our proficient team.
A hidden defect defined by a hidden defect lawyer in Montreal
In accordance with section 1726 of the Civil Code of Québec, the seller is bound to warrant that the property and its accessories are, at the time of the sale, free of latent defects which render it unfit for the use for which it was intended. The code also protects the buyer if hidden defects so diminish the usefulness of the property that the buyer would not have bought it or paid so high a price if they had been aware of them.
However, the seller is not bound to warrant against any latent defect known to the buyer or any apparent defect; an apparent defect is a defect that can be perceived by a prudent and diligent buyer without the need to resort to an expert.
The notion of a hidden defect therefore takes the following four conditions into account. The defect must be:
- Prior to the sale
What is the guarantee of quality and how does one take advantage of it?
The guarantee of quality is automatic and offered to any buyer taking possession of a property. The only exception to this rule concerns real estate purchases without a legal guarantee. Since the disclosure of the hidden defect by the seller is impossible, the buyer must turn to other avenues. In the context of litigation, a lawyer specializing in hidden defects and real estate at Azran Lawyers will be able to offer you legal advice to defend your interests.
To take advantage of the legal guarantee of quality in the event of hidden defects, the defects must meet the four criteria mentioned previously. They must therefore be serious, prior to the sale, unknown at the time of purchase, and hidden. Apparent defects are therefore not covered by the guarantee of quality.
If you believe that you are entitled to the guarantee of quality and need representation in the Court of Appeal, do not hesitate to contact a hidden defect lawyer in Montreal from the Azran Lawyers firm. We will vigorously defend your rights in the event of any disputes.
The guarantee of quality and its waiver
Unless explicitly waived by the buyer, the seller is required to guarantee the quality of the property sold. Waiving the guarantee of quality provided is an increasingly common practice on the Quebec real estate market. This waiver generally results in a reduction in the sale price of approximately 10%.
It is important to know, however, that this waiver can only take place between individuals. Indeed, a waiver involving a professional seller is not valid.
However, this does not prevent certain professional sellers from inserting such clauses in their sales contracts. This unscrupulous tactic is intended to dissuade the buyer from seeking recourse for hidden defects. In such a situation, do not get discouraged. Your recourse against the professional seller is in no way weakened.
In addition, even when a waiver has been signed, the buyer retains their recourse for hidden defects against a non-professional seller who has acted in bad faith through their false representations regarding the condition of the building.
Finally, a sale made under judicial control does not give rise to any guarantee of quality.
Who can be sued with a hidden defect lawyer in Montreal?
To file a lawsuit against a professional seller or an individual, the defect in question must meet the four conditions of the hidden defect seen previously. If you have discovered a defect and have simple applicable proof, the specialized real estate lawyer is the legal expert to contact.
However, you should know that a defect that was not hidden at the time of purchase could still be the subject of a lawsuit. Indeed, if you hired an inspector, the burden of being a prudent and diligent buyer now falls on the shoulders of the inspector. The latter may therefore be the subject of a lawsuit for any apparent defects at the time of the inspection. The Court will then analyze this inspector’s work by comparing it to that of a normally prudent and diligent inspector placed in the same circumstances.
In addition, there may be a recourse against the seller’s broker in the event that the latter makes false representations. The buyer’s broker may also be the subject of a lawsuit if the latter does not respect their duty of advice and loyalty toward their client. For example, a broker commits a fault if they are in a conflict of interest or if they neglect to inform the buyer that the building is encumbered with certain rights, such as the existence of a commercial lease, legal hypothec, easement, etc.
The respective liability of the various parties involved in the real estate transaction remains a question of fact which may prove complex. Your hidden defect lawyer is there to apportion this liability and determine your chances of success against each of them.
The possible recourses with the help of a hidden defect lawyer in Montreal
The presence of hidden defects is a fault that alters the purchased property in such a way that a prudent and diligent buyer placed in the same circumstances would not have bought it or would have bought it at a different price. Consequently, the buyer may claim:
- a reduction in the sale price;
- the cancellation of the sale and the restitution of the services.
What not to do?
It is essential not to perform any repairs or corrective work before the seller has had a reasonable period allowing them to visit the premises and analyze the alleged defects themselves. If the buyer fails to proceed in this way, they may end up unable to claim the damages caused by the hidden defect. The only exception is if there is an emergency, such as a situation involving a risk of the loss or immediate deterioration of the property.
Why file suit with the assistance of a hidden defect lawyer in Montreal?
The discovery of a hidden defect is a difficult experience to handle for a new buyer. As soon as a hidden defect is discovered, it is essential to act. Contacting a real estate law firm to defend your interests is the first step to receiving effective representation.
Professional support and representation tailored to your needs
It is not uncommon for a buyer to believe that there is no urgency given the usual three-year statute of limitations in civil matters. However, the appeal will be rejected if no written notice of disclosure has been sent to the seller within a reasonable timeframe. A reasonable timeframe is defined as a period of six months following the discovery of the defect, unless there are justifying circumstances.
A hidden defect lawyer in Montreal allows a smart buyer not to fear the rejection of their action on procedural grounds. In addition, faced with a late disclosure, an experienced lawyer has the abilities to convince the Court that there are circumstances justifying this delay or that these are circumstances where it was not necessary to send a disclosure.
Furthermore, a specialized lawyer will be able to guide the buyer so that they are able to fulfill their burden of proof. Our real estate litigation lawyers will suggest the necessary expertise to assert your rights while saving you money on steps that will prove unnecessary.
Advanced expertise in real estate cases
In conclusion, considering that approximately 90% of disputes are settled amicably, it is essential that you can negotiate effectively. Your lawyer will make sure to defend your interests, negotiate with determination, and prevent you from accepting an inequitable agreement under pressure. For additional information regarding hidden defects, do not hesitate to contact our bilingual and seasoned attorneys.