August 28, 2017 - A violent death must be declared by an owner selling his home or condo. This information may be crucial to potential buyers who may not want to acquire a residence with a gruesome past. Not revealing it may result in a lawsuit based on the buyer’s defect of consent.
Article 1401 of the Civil Code of Québec specifies in this regard that a party's error caused by fraud vitiates consent in all cases where, otherwise, the party would not have contracted or contracted under different terms.
The case Fortin vs. Mercier
The decision of the Superior Court in Fortin c. Mercier, in November 2013, wisely concluded that the purchasers, Mr. Fortin and Ms. Bolduc, a young couple in their twenties, were victims of fraud. In this case, the seller remained silent about information (a double suicide) that, if it had been known by the buyers, would probably have resulted in a refusal to buy the property. Fraud exposes its author to an action for annulment of the sale and in damages.
In this case, the sale was declared null and void by Judge Robert Dufresne. He condemned the seller to refund the property’s purchase price ($ 275,000) to the couple with interest. An additional $ 15,000 in moral damages was awarded, as well as $ 23,025.60 "for damage for costs incurred in the purchase, renovations maintenance and improvement of the property ". Mr. Fortin and Ms. Bolduc were never advised that violent deaths had occurred in the seller's residence. The court concluded that information on a double suicide should have been disclosed, "so that the consent of the other contracting party be free and well informed".
By François G. Cellier for Condolegal.com Montreal, August 28, 2017
