Definition : Inspection - Pre-purchase inspection

9 mars 2023 - Une des étapes importantes lors d’une transaction immobilière est évidemment l’inspection en bâtiment. Plusieurs personnes y ont intérêt mais aucune plus qu’un acheteur. Après l’inspection, l’acheteur reçoit le bilan de santé de l’immeuble qu’il projette d’acquérir. Regardons maintenant qui fait quoi et le cadre applicable.

L'article 1068.1 du Code civil du Québec, issu du Projet de loi 16, obligera une plus grande transparence lors d'une transaction en copropriété. Le document d'attestation prévu dans cet article posera des questions pointues sur "l'état de la copropriété", afin que les acheteurs sortent du brouillard avant d'acquérir un appartement détenu en copropriété divise.

L'inspection préachat est un incontournable avant d'acheter un condo. Si on ne peut faire inspecter tout l'immeuble, ce qui coûterait trop cher, il est néanmoins possible d'avoir un aperçu du type de gouvernance qui y prévaut, que ce soit en matière d'entretien et de conservation du patrimoine bâti.

  Article 1726 paragraph 1 of  the Civil Code of Quebec, provides that " The seller is bound to warrant the buyer that the property and its accessories are, at the time of the sale, free of latent defects which render it unfit for the use for which it was intended or which so diminish its usefulness that the buyer would not have bought it or paid so high a price if he had been aware of them. In other words, the latent defect prevents the buyer from enjoying, as he was entitled to expect, the property sold and its accessories.  However, the purchase cannot be done blindly, as the buyer must exercise caution and diligence in the purchase process.  Thus, a defect that was denounced by the seller at the time of the sale is not covered by the legal guarantee since the buyer then acquired the property knowingly. A buyer must therefore be particularly attentive to the representations and declarations of a seller, as well as to the documentation given by the latter before the sale

Buying an apartment in a co-ownership is a major investment in a lifetime. In order to avoid being caught off guard during the steps prior to this acquisition, you will need to be well accompanied. After finding the apartment, the first thing to do is to appreciate the condition of it, as well as that of the building that houses it. To do things right, you need to seek the services of a building inspector.The latter will examine the unit and building that are of interest to you. However, some buyers mistakenly believe, when it comes to a purchase in a tower, that it is not useful. However, buying without an inspection can generate significant and unpredictable costs. The purchaser will also find it difficult to demonstrate that he acted as a prudent buyer during a possible recourse for a hidden defect.

For the promising buyer, the offer to purchase is a way to reserve a property on conditions that he sets himself. When signing an offer to purchase, it may be that certain aspects surrounding the sale are beyond its control. This will happen, for example, if they have to sell their principal residence before buying, or if they need to get a mortgage before acquiring the new property. To this could be added another imponderable, that is to say that it may lack information to carry out a due diligence verification before the purchase. For this reason, offers to purchase generally include an obligation that is described as conditional, which is recorded as a suspensive condition.

Even after the transfer of ownership, the buyer benefits from several guarantees. Unless otherwise stated, the sale of a building is subject to a basic guarantee, generally called the "legal guarantee". This guarantee exists by the sole effect of the law, that is to say without it being necessary to provide for it in the contract. Under article 1716 of the Civil Code of Quebec (C.c.Q.), the legal guarantee has two components, namely the guarantee of the right of ownership  (1723 C.c.Q.) and the guarantee of quality (1726 C.c.Q.) against  hidden defects. This guarantee covers the validity of the right of ownership and guarantees the buyer that the building and its accessories are free from hidden defects likely to make them unfit for use or which reduce its usefulness so much that the buyer would not have bought or would not have paid the same price if they had known them.

By buying an apartment in a co-ownership, you will most likely invest the largest amount of money of your life. In order to avoid being caught off guard during the steps prior to this acquisition, you will need to be well accompanied. After finding the condo that suits you, the first thing to do is to appreciate the condition, as well as that of the building that houses it. Remember that the acquisition of an apartment is not limited to the purchase of its walls. You become an undivided co-owner of the common portions, for example the entrance hall, the roof, the interior garage, the elevator or the windows of the building. To do things right, you need to seek the services of a building inspector. The latter will examine the unit and building that are of interest to you.