You probably have a few questions. Let's see if we can answer some of them.
A hidden defect is a defect or imperfection in a property which was not visible at the time of purchase and which makes it unfit for the use for which it is intended or significantly diminishes it. Under article 1726 of the Civil Code of Quebec (CCQ), the seller is responsible for hidden defects that affect the property sold, even if he was not aware of them.
For a problem to be considered a hidden defect, it must meet the following criteria: Unknown to the buyer at the time of purchase, existing before the purchase, serious and hidden.
In case of a hidden defect, the buyer can:
The time limit for taking action in the event of a hidden defect is three years from the moment the buyer discovered the defect, according to article 1728 of the CCQ.
Although the seller has the obligation to disclose known defects, it is strongly recommended that the buyer have the property inspected by a professional before purchasing. An inspection helps detect visible problems and reduces the risk of discovering hidden defects. However, an inspection does not guarantee the discovery of all hidden defects.
Sometimes, even if a good is sold “without legal warranty”, the seller cannot avoid liability for hidden defects. Indeed, this clause does not cover defects of which the seller was aware or could not have been unaware and which render the property unfit for the intended use.
