Definition : Apparent defect

A defect that can be observed by a prudent and diligent purchaser without the need to resort to an expert.

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18/09/2024

Cracks already!

I am the co-owner of a new condo. Other owners and I have recently discovered cracks in the foundation of the building, as well as water infiltration in the garage. The developer is mute, and we have not yet transferred the administration. Question: Should we refuse to elect our first…...

Purchase

16/09/2024

Pre-purchase inspection

By buying an apartment in a co-ownership, you will most likely invest the largest amount of money of your life. In order to avoid being caught off guard during the steps prior to this acquisition, you will need to be well accompanied. After finding the condo that suits you, the…...

Purchase
caricature syndicate civil liability insurance

23/07/2024

Civil liability of the syndicate of co-owners

In the same way as any other natural or legal person, a syndicate of co-owners is likely to incur civil liability towards third parties, including co-owners. Responsibility is the counterpart of power: where authority lies, there is responsibility. A syndicate must therefore act with prudence and diligence, taking the necessary measures to prevent accidents normally foreseeable,…...

Syndicate

23/07/2024

Duties and obligations of the syndicate of co-owners

The Civil Code of Québec confers juridical personality on the community of co-owners. Article 1039 of the Civil Code of Quebec provides that as soon as the declaration of co-ownership is published, the community of co-owners constitutes a legal person called a syndicate of co-owners. Those duties and obligations are…...

Syndicate

01/07/2024

Legal recourses for the syndicate of co-owners regarding latent defects, faulty design and construction defects

The law regulates the liability of contractors and building professionals for any problem related to the quality of construction work. In this regard, the legislator has provided for a specific protection regime for divided co-ownership. Section 1081 of the Civil Code of Québec recognizes the legal interest of any syndicate…...

Your Rights
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01/07/2024

Legal recourses for the co-owners regarding latent defects

Article 1726 paragraph 1 of the Civil Code of Quebec, provides that " The seller is bound to warrant 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…...

Your Rights

13/12/2023

Pre-purchase inspection

Buying an apartment in a co-ownership is a major investment in a lifetime. In order to avoid being caught off guard during the steps prior to this acquisition, you will need to be well accompanied. After finding the apartment, the first thing to do is to appreciate the condition of…...

Purchase
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04/12/2023

Guarantee plan for new residential buildings

The Guarantee Plan for New Residential Buildings differs from the private guarantee plans offered on the market by the nature of the guarantees offered and the mechanisms for asserting its rights. In this regard, the terms and conditions are set out in the the Regulation respecting the guarantee plan for new…...

Purchase

13/03/2023

Inspection en bâtiment, rôle, devoirs et obligations du courtier immobilier

9 mars 2023 - Une des étapes importantes lors d’une transaction immobilière est évidemment l’inspection en bâtiment. Plusieurs personnes y ont intérêt mais aucune plus qu’un acheteur. Après l’inspection, l’acheteur reçoit le bilan de santé de l’immeuble qu’il projette d’acquérir. Regardons maintenant qui fait quoi et le cadre applicable....

Purchase