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Latent defects

Latent defects

  • February 4, 2014

Latent defects

What is a latent defect? The expression “latent defect” is often used in the area of real estate, but, under Québec law, there is a legal warranty, which covers against defects not only with immovable (i.e. real estate), but also with movable property (i.e. car, household appliance).

For a defect to be hidden, it must not be visible or known by the buyer upon the purchase of the property.

If after having prudently and diligently inspected the property the buyer was unable to identify the defect and if the defect renders the property unfit for the use for which it was intended, there is a latent defect and you as a consumer have a right to annul the contract or to damages.

*This does not constitute a legal opinion.

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