what will my house appraise for | Where is the vice hidden? - Questions and answers regarding the legal warranty against hidden defects of the Civil Code of Québec.

Where is the vice hidden? -
Questions and answers regarding the legal warranty against hidden defects of the Civil Code of Québec.




What are the protections offered by the legal guarantee against hidden defects of the Civil Code of Québec?

Answer: The warranty protects the use of the property acquired or transferred. In legal terms, we call this notion protected use. This means that in principle, in the case of a sale of property, the only thing your seller guarantees is that the good will work properly for a reasonable period of time, so-called useful life. For example, in the case of a building, we say that a French drain has a useful life around 25 years (depending on the type of drain installed and the characteristics of the soil).

However, we warn buyers. It is not because the guarantee is specifically provided by law that it will apply on all occasions. If, for example, the buyer does not inspect the property before buying or does not read his contract stipulating that the sale is made at his own risk, the use of the property acquired will not be protected by the Civil Code of Quebec. To revive the warranty in these circumstances, it may be necessary to prove that the seller has deceived it, which is very difficult in a court of law.

Are old houses more likely to be affected by a hidden defect?

Answer: No, not at all. In law, vice is simply a defect in a good or a substantial part of a good (which substantially limits its use). It can appear on a house (or property) of any age.

The point, however, with older homes - say thirty years or more - is that many of their components are out of date or out of date. This means that their useful life is over (eg a roof lasts an average of fifteen years - even if we can receive more, we can not ask for more!).

In these circumstances, a building inspector becomes very useful because he will go around with you all the components of your future home and evaluate what is left of their useful life. You will then evaluate whether the price is reasonable in relation to all the repairs that are to be expected.

How does one evaluate the seriousness of a vice?

Answer: It is certain that the repair cost is a good index, but it is not the only one. Several other factors come into play in determining the severity of the defect: its impact on the health and comfort of the buyer, the extent of the inconvenience suffered, the real decrease in the value of the good or the time lost by the buyer to make repairs. In short, the evaluation of the gravity of vice revolves around the use of the good.

What to do if you think your new home has a hidden defect?

Answer: Take pictures and consult a lawyer as soon as possible. It's really the best thing to do. This one will help you to identify the vice and to produce the opinions necessary to the preservation of your recourses.

For example, a defect often requires a quick repair, but do not do anything until you have given the opportunity to your vendor to come and see the situation on his own and without giving him the chance to do the work himself. Also, to leave traces of your actions, you will need a letter of denunciation and a formal notice (both sent by registered mail or by bailiff). Your lawyer can produce them for you or he can simply accompany you in this process. At any event, you will have the assurance that your recourse in hidden vice will be preserved.

In conclusion, the warranty against hidden defects applies even if your seller is not at fault. So think about it when it's time to denounce the vice and discuss it with him. You do not have to be aggressive or vindictive. If this is a true hidden defect, the warranty will simply apply and your seller will recognize it.