Purchasing a property is often one of the most significant investments a person will make in their lifetime. Whether it is a single-family home, a condominium, an income property, or a commercial building, buyers reasonably expect to acquire a property that corresponds to what was represented during the transaction.
Unfortunately, some property owners discover significant problems after the sale has closed problems that were neither visible nor known at the time of purchase. Water infiltration, hidden mold, foundation issues, structural defects, or defective electrical and plumbing systems can lead to substantial repair costs and complex legal disputes.
Every year, many buyers in Quebec find themselves facing this situation. In some cases, corrective work may cost only a few thousand dollars. In others, repairs can amount to tens or even hundreds of thousands of dollars.
When a major problem is discovered after closing, several important questions arise:
• Is the problem legally considered a hidden defect?
• What rights does the buyer have?
• What remedies may be available against the seller?
• Does a sale without legal warranty eliminate all legal recourse?
• What steps should be taken to protect one's rights?
Although every case must be analyzed on its own facts, Quebec law provides important protections to buyers confronted with hidden defects after purchasing a property.