HAVE YOU UNCOVERED A

HIDDEN DEFECT?FOLLOW THESE 9 STEPS

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The law in Quebec is specific on what a buyer must do if a hidden defect is uncovered after the purchase of a property. To ensure the warranty of quality will apply and to increase the chances of finding a solution to the matter that is favourable to you, make sure to follow these 9 steps.

1. STOP THE RENOVATION WORK

If you have any renovation work underway, stop it right away and do not undertake any renovations or repairs to correct the hidden defect. Starting repairs before notifying the seller of the hidden defect could cause any legal claims you later make for compensation to be rejected by the court.

2. DOCUMENT THE DEFECT

Document the defect you’ve discovered by taking photos and/or video to keep as proof. Although a building inspector or other professional you hire to examine the defect and provide you with an estimated cost of repair may do this, it’s good practice to take photos or video the defect immediately upon uncovering it. This evidence might come in handy later as backup, and may even be required if the professional who provides the quote does not document the defect in any way.

3. NOTIFY SELLER

By law, You must notify the seller in writing as quickly as possible after the defect is discovered. 1. You must notify the seller in writing that you discovered a defect. This notice must be sent within a reasonable time frame of discovering the defect.

The notice must include, among other things, a description of the hidden defect, a request that the seller respect the guarantee against hidden defects, any conditions you are requesting, and the deadline for answering the letter. You must send a demand letter before taking legal action in the courts.

4. GIVE THE SELLER THE OPPORTUNITY TO INSPECT THE DEFECT

Once you've notified the seller of the defect, you'll need to give them the opportunity to inspect it. This may mean granting the seller and/or professionals he or she has hired

HAVE YOU UNCOVERED A HIDDEN DEFECT?

9 STEPS TO FOLLOW

access to your home to inspect and evaluate the defect and determine what will be required to repair it.

5. WAIT REASONABLE DELAY

Once you've notified the seller of the presence of the hidden defect and allowed him or her to perform an inspection, you must wait a reasonable delay, giving the seller adequate time to inspect the defect for seller response/position.

6. OBTAIN A PROFESSIONAL QUOTE

At this point, you’ll want to seek out the help of a professional of your choice to evaluate the hidden defect and provide a quote regarding the cost for renovations or repairs. The professional you contact will depend on the nature of the defect. As a general rule, you should acquire several quotes to show a consistent recommendation in the case the amount required for repairs or renovations is questioned or challenged.

7. ATTEMPT TO REACH AGREEMENT

Now that both parties have had the chance to inspect the defect, the next step is to reach an agreement with seller. To negotiate a fair settlement, you may need the services of an attorney or other professional. Once you and the other party have come to an agreement, make sure it's in writing and signed by both parties. Once again, make sure the agreement is prepared by or verified by a lawyer to ensure it is legally sound and will be enforceable in a court of law if need be.

8. ACT ON QUOTE

If you've reached an agreement, you can allow the seller, or a professional he or she has hired, to proceed with the necessary renovations or repairs. If you were unable to reach an agreement, you may now act on the quote(s) you've received, effecting required repairs or renovations, or hiring a professional sports f your own choosing.

9. PROCEED WITH LEGAL ACTION

If you were unable to reach an agreement with the seller out of court, the next step is to take legal action. Since as a homebuyer you are protected under the Warranty of Quality, the court may oblige the seller to cover the costs of the necessary repairs, renovations, and in some cases, you may be awarded additional damages.

Make sure to consult a qualified attorney with experience litigating cares if hidden defects and a proven track record for positive results.