Legal Expertise
When difficulties arise with your property, whether post-purchase challenges or disputes related to hidden defects, the importance of legal expertise is crucial. At Archetype, our deep understanding of architectural intricacies and our rigor in project management position us as an ideal ally for these delicate situations. Our ability to decipher construction complexities and identify flaws allows us to provide comprehensive technical-legal reports, clarifying the nature of the problem, its potential causes, and the paths to resolution.
Choose Archetype for expertise that goes beyond problems, committed to navigating towards informed and fair solutions.
What is a Hidden Defect?
According to Article 1726 of the Civil Code of Quebec: “The seller is bound to warrant to 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 would not have paid so high a price, had he 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 ascertained by a prudent and diligent buyer without the need for an expert.”
In other words, a hidden defect is a fault in the property that existed at the time of purchase but was not apparent upon simple inspection, rendering the property unfit for its intended use or diminishing its usefulness to such an extent that the buyer would not have purchased it or would have paid a lower price if they had known about it.
To determine the existence of a hidden defect, it is necessary, among other things, to evaluate whether the elements in question were apparent at the time of the sale and their impact on the use and value of the property.