What to do when a buyer discovers a hidden defect? | ScriptaLegal
Personal Law Business Law Packages & Subscriptions
Français About us Create a free account Log in
Interactive legal guides Legal frequently asked questions Legal blog Videos
ONLINE LEGAL DOCUMENTS
Legal blog > Real estate > What to do when the buyer of a property discovers a hidden defect

What to do when the buyer of a property discovers a hidden defect

A purchaser, who seeks recourse for hidden defects, has a claim against both the seller and the previous seller.

«The bean seller always says that they cook well»
Proverbe berbère

Frequently, when the buyer of a building discovers a hidden defect, they hesitate to start legal proceedings because their own seller is "untraceable, insolvent or if they are not obligated to provide a guarantee". The Civil Code of Quebec allows them to secure their recourse in certain circumstances.

A buyer purchases a property. In the following months, anomalies affecting the building are discovered. The buyer brings an action for a reduction in the sale price against their seller, invoking the legal warranty against hidden defects. The seller, in turn, calls their own seller to guarantee. The liability of the seller is upheld in the first instance, but the recourse against the previous seller is refused.

The Court of Appeal*, overturning part of the decision of the first instance judge, rules that the buyer has a recourse against both their seller and the previous seller, and that they are jointly and severally liable to the buyer. However, the buyer must establish, for each of them, that the hidden defect existed at the time of each sale and that it was unknown to them at the time of purchase.

Once the meal and the digestif have been savored, the bill can sometimes be hard to swallow, especially when one has to pay it without even being invited to the meal.

*CA 500-09-005791-975

François Forget, notary and legal advisor as well as the entire Notaire-Direct team, are at your service to ensure the preparation of your legal documents and answer all your legal questions.
He is requesting an unequal division of the family assets during his divorce
Me François Forget - August 30, 2008
Let's briefly review the composition of this heritage: the family residences, the furniture they contain, the...
The significance of the intention expressed by a 12-year-old child through their shared custody
Me François Forget - February 27, 2008
The expressed intention of a child over 12 years old to live with one parent rather than the other is a...
Respecting the mortgage deed, much more than a matter of monetary clauses
Me François Forget - February 13, 2014
Respecting the mortgage deed, much more than a matter of monetary clauses.

This browser does not support this kind of file. Please download the file to view it: Download the file