Definition : Purchase - Warranty of quality (latent defects)

Protection granted by law to the buyer of a property against the discovery, after purchase, of any non-apparent or latent defects. This type of defect usually prevents the buyer from the complete and normal use of his immovable.

 WHAT YOU SHOULD KNOW! The law allows the syndicate of co-owners to initiate a legal proceeding itself, under certain conditions, based on a hidden defect.

 

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The law provides specific provisions, to protect syndicates of co-owners against defective work (article 1081 of the Civil Code of Quebec). The legislator aims to alleviate apparent deficiencies at the end of a project. Regarding work in common portions, the syndicate has several legal warranties. Among these are the warranties for poor workmanship, for hidden defects and for the loss of the work. These rights are worth their weight in gold, since more often than not the cost of work in co-ownerships is very high. In addition to the legal warranties, which apply in any case, in accordance with the conditions that govern them, the contractual liability of the contractor may also be invoked, under the legal contractual regime. The contractor may also offer additional guarantees.
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The Law imposes upon the vendor the obligation to warrant the immovable sold. Except if provided otherwise, the sale of an immovable is made with a basic warranty known as the legal warranty. Under Article 1716 of the Civil Code of Quebec (C.C.Q.), the vendor is bound to warrant the ownership (1723 C.C.Q.) and the quality of the property against hidden defects (1726 C.C.Q.)
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