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Construction defect sufficiently serious as to render an immovable unfit for the use for which it was intended or which so diminish its usefulness that the buyer would not have bought it, or not have paid so high a price, if he had been aware of them known This type of defect must be non-apparent, unknown to the buyer and exist at the time of the acquisition of the immovable. It must be declared to the seller within a reasonable timeframe, from the discovery of the defect.
WHAT YOU SHOULD KNOW! A syndicate of co-owners may bring an action based on a hidden defect, even concerning private portions, if it has obtained the authorization of the co-owners concerned. In addition, in the case of a syndicate of co-owners, the lack of diligence in instigating a recourse is assessed, as of the day a new board of directors was elected after the loss of control of the developer upon the syndicate.
09/08/2022
The law provides specific provisions, to protect syndicates of co-owners against defective work (article 1081 of the Civil Code of Quebec). The legislator aims to alleviate apparent deficiencies at the end of a project. Regarding work in common portions, the syndicate has several legal warranties. Among these are the warranties…...
11/07/2019
All co-ownerships have common portions that need to be maintained. These may include corridors, stairs, gardens and elevators. The syndicate has an obligation to ensure their maintenance, since the declaration of co-ownership generally provides that it is the main person responsible for them. In addition, article 1039 of the Civil Code…...
14/01/2024
Dans cette capsule vidéo, l’avocat émérite Yves Joli-Coeur aborde un sujet essentiel pour toute copropriété : les vices cachés, de conception et de construction. Il rappelle que la loi encadre la responsabilité des entrepreneurs et des professionnels du bâtiment pour tout problème lié à la qualité des travaux de construction....
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16/09/2010
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…...
13/12/2023
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…...
04/12/2023
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…...
13/03/2023
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....
25/02/2021
La Webradio de Condolegal.com du 17 février 2021 a traité des ventes de condos existants sans garantie légale, ainsi que des vices cachés en copropriété. Certains copropriétaires pensent qu’en se débarrassant de leur appartement, au moyen d’une vente, ils refileront le problème aux suivants. Mais dans les faits, un recours pour vices cachés…...
09/07/2020
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…...
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09/08/2022
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…...
25/10/2010
Even after the transfer of ownership, the buyer benefits from several guarantees. Unless otherwise stated, the sale of a building is subject to a basic guarantee, generally called the "legal guarantee". This guarantee exists by the sole effect of the law, that is to say without it being necessary to…...
25/10/2010
The transfer of ownership will take place at the signing of the deed of sale, as well as the taking of possession which usually takes place on the same day. In return for the payment of the sum agreed to the seller, the buyer will have the full enjoyment of…...
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09/08/2022
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 promoter is mute, and we have not yet transferred the administration. Question: Should we refuse to elect our first…...
30/03/2010
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,…...
01/03/2010
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…...
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09/08/2022
Question: I bought my condo 3 months ago and I just attended my first meeting of co-owners. I just learned, to my great surprise, that very important work must be undertaken on the masonry of the building. My seller never told me about this work, although it is obvious that he…...