GLIMPSE
A latent defect is a serious defect, not apparent at the time of purchase and unknown to the buyer, that renders the property unfit for use or considerably reduces its value (article 1726 of the Civil Code of Québec). Water infiltration, cracked foundations, pyrite, end-of-life roofing: we represent both buyers and sellers in these real estate disputes.
Our intervention covers all stages of the recourse: written notification of the defect to the seller within a reasonable time, coordination of the expertise, formal notice, negotiation of a settlement, then action for price reduction, damages or cancellation of the sale when the case warrants it.
We act for individuals and businesses in Montreal, Laval, the South Shore and the North Shore, both as plaintiffs and defendants - including sellers sued after the sale of their property.
Professionalism
Accompaniment
Devotion
Determination
Cheer up
Confidence
experience
Reactivity
Legal representation
Civil law
Consultation
Advocacy
Effective advocacy
Regulation
Civil liability
Judicial recourse
PROFESSIONAL ACTS
Denunciation and formal notice
The written notification of the defect to the seller and the formal notice, within the time limits provided for by the Civil Code of Québec
Expertise and assessment of the damage
Coordination of technical expertise (building, structure, pyrite, mould) and assessment of the damage
Legal remedies and defence
Actions for price reduction, damages or cancellation of the sale, as plaintiffs and defendants
SECTORS OF ECONOMIC ACTIVITY
Single-family residential
- Water infiltration, foundation cracks, pyrite and iron ochre;
- Undisclosed roofing, plumbing or electrical end-of-life
- Denunciation to the seller, expert appraisal and formal notice;
- Recourse against the seller and, if applicable, the pre-purchase inspector;
Joint ownership
- Defects affecting the common or private portions of a co-ownership;
- Recourse by the syndicate against the promoter or contractor;
- Major construction defects (article 2118 of the Civil Code of Québec);
- Coordination with residential construction warranties;
Income properties
- Defects discovered after the purchase of a duplex, triplex or rental property;
- Distinction between obsolescence, normal wear and tear and true latent defect;
- Assessment of the damage including rental losses;
- Negotiation and recourse for reduction of the sale price;
Commercial and industrial
- Defects affecting commercial or industrial buildings;
- Scope of the purchase clauses “at the buyer’s risk” and without legal warranty;
- Due diligence and disclosure obligations of the seller;
- Recourse between companies and liability of professionals.