Latent Defects

very time real estate is sold, the sale is governed by applicable law and subject to guarantees related to the quality of the property. This places a heavy responsibility on the seller with regard to potential latent defects. Under certain conditions, sales of personal property are also subject to these types of guarantees. For most individuals, they pose a significant risk of litigation and can entail severe consequences. To ensure your peace of mind, the lawyers at PME Avocats recommend taking preventive measures during any sales transaction.

ith regard to claims for latent defects, the seller has certain responsibilities, both before and after the sale. For example, the seller is obligated to supply the buyer with certain information. However, these obligations are subject to limits that have been frequently argued in court, representing an important area of jurisprudence. Various factors must be taken into consideration with regard to a claim for latent defects. If your buyer is filing or threatening to file a claim for latent defects, consult us so we can guide and support you in the dispute and work with you to determine the best line of defense.

f you’re the owner of a property and you believe that you have reasonable grounds to file a claim for latent defects, it’s vital that you consult a lawyer as soon as you become aware of the problem. Very clear timelines and obligations are imposed on new property owners wishing to enforce a remedy against the seller. For example, you must report the latent defect to the seller within a certain amount of time and, most importantly, you must not initiate any work or repairs before doing so. To ensure that you don’t jeopardize your rights or remedies, it’s important to consult a professional. Our attorneys have the necessary experience to guide and support you during the various stages of a claim, including reporting a latent defect, issuing a formal notice to perform work or repairs, locating an expert and getting estimates.