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Housing and in Hidden Defects Lawyer

Whether you sell or purchase a home, you may be faced with one of the following situations that must be dealt with promptly.Whether you’re a seller or a buyer, if you’re facing a problem related to latent defects, our assistance in the legal process will prove to be extremely valuable.

Sellers

When the time comes to sell one’s home, there are various elements that must be taken into consideration and verified, but certain ones can be subtle, if not completely unknown. Nevertheless, you should know that, even if you’ve already sold your home and you were unaware of certain problems related to it, claims can still be submitted against you months or even years after the sale. There can be multiple latent defects, including leaks in the roof, cracks in the foundation and pyrite, among others. It’s best to be prudent and proactive. Consult us to make sure you’re protected.

Buyers

Did you recently purchase a new residence and a while after you moved in you noticed a latent defect that either makes the home unlivable or will cost a lot of money to repair? As soon as you become aware of a defect, you should immediately seek the advice of an attorney specializing in latent defects to ensure that you don’t exceed the statute of limitations and compromise your rights.

“A buyer who ascertains that the property is defective shall give notice in writing of the defect to the seller within a reasonable time after discovering it. Where the defect appears gradually, the time begins to run on the day that the buyer could suspect the seriousness and extent of the defect.” Civil Code of Quebec Article 1739

If the seller knew about the defect or couldn’t have been unaware of it, the buyer can submit a claim for damages.

“The seller is bound to warrant the buyer 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 or which so diminish its usefulness that the buyer would not have bought it or paid so high a price if he had been aware of them.” Civil Code of Quebec Article 1726

For all you needs in the area of housing law, schedule an appointment with Daniel Cooper, an attorney specializing in latent defects.

Would you like to know more about claims for latent defects?

Take a look at our blog entry → Contact our team →