Definition : Professional Seller

A  natural or legal person who has carried out or had work done on the property sold, such as a promoter or building contractor. Article 1729 of the Civil Code of Quebec provides that where a defect in property sold by a professional seller manifests itself prematurely in relation to property of the same kind, the defect is presumed to have existed at the time of sale by the professional seller in question. However, this presumption may be rebutted if the defect is due to misuse of the property by the buyer.


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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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Question: I bought my condo 3 months ago and I just attended my first meeting of co-owners. I just learned, to my great surprise, that very important work must be undertaken on the masonry of the building. My seller never told me about this work, although it is obvious that he must have known about it since all the other co-owners present at the meeting seemed to be aware of it. Could I turn against my seller because they hid this work from me and had a duty to tell me?  
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