What is Latent defect?

What are latent defects you ask?

A latent or hidden defect is a fault or a flaw in an immovable property that cannot be seen by the naked eye at the time of the purchase. In order to qualify as a latent defect, it must have existed at the time of the purchase and it must not have been obvious or apparent to notice to the prudent buyer placed in the same circumstances, but serious and important enough to constitute a latent defect. Needless to say, the defect must have existed at the time of purchase or prior to the purchase but can materialize later on so long as the defect is denunciated to the seller within the delays. Finally, it is imperative that the defect in question renders the immovable property unfit for its intended purpose in such a way that, had the buyer known of the defect in question, he would have never bought the immovable property or, at the very least would have not paid such a high price for it.

All of these conditions must be reunited in order to characterize the defect in question as a latent defect.

The Civil Code of Quebec offers protection to buyers from latent defects through section 1726 C.c.Q. This section ensures a warranty of quality for the buyer save and except when the property is sold without legal warranty.

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