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Legal concept, in civil law, to identify and measure the seriousness of a latent defect, as well as to denounce it to the seller. The buyer who ascertains that the property is defective shall give notice in writing of the defect to the seller within a reasonable time after discovering it. Where the defect appears gradually, the time begins to run on the day that the buyer could suspect the seriousness and extent of the defect.This period begins to run, when the defect appears gradually, from the day on which the buyer may have suspected its seriousness and extent. In general, a period of 6 months will be considered reasonable to report the existence of the defect to the persons who may be responsible for it (e.g., the seller, the contractor, the architect and the engineer). It can be exceptionally longer, if, for example, the latent defect manifests itself seasonally.
WHAT YOU SHOULD KNOW ! The seller may not invoke the tardiness of a notice from the buyer if he was aware of the defect or could not have been unaware of it. This is the case, in particular, for the professional seller.
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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…...
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…...
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…...
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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…...
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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…...