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Call us | Montreal: (514) 526-2378 (LAMBERT) | Quebec: 418 526-2378 (LAMBERT) | 24h / 7 days in case of arrest

LAMBERT AVOCATS

Avocats SAAQ, Responsabilité civile, Recours collectifs à Montréal et les environs

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          • Mtre Loran-Antuan King
          • Mtre Yahia Belhaddad
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          • Mtre Sandra H. Kim
          • Mtre Olivier Hankins-Meilleur
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          • Dispute period
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          • Relapse, recurrence or aggravation
          • Causal link
          • Personal assistance at home
          • Request for reimbursement
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          • Misdiagnosis
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        • Frequently asked questions
          • What are the steps of a class action?
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          • When to receive compensation?
  • Criminal Law
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          • Break and enter
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          • Sexual assault
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          • Threats
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          • Interim release
          • Elements of a criminal offence
          • Sentencing
          • Application for a record suspension
        • Charter Rights
          • Right to be informed of the reasons for arrest and right to counsel
          • Right to silence
          • Presumption of innocence
          • Right to be free from arbitrary detention or imprisonment
          • Right to be secure against unreasonable search or seizure
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          • Coercion and necessity
          • Error of fact
          • Ignorance of the law
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  • Aviation Lawyers
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        • Complaints procedure
          • Relevant documents and information to keep
          • Claim Form
          • Small claims claim
        • Special situations
          • Cessation of an airline’s activities
          • Rights of passengers with special needs
          • Denied boarding
  • Legal Capsules
        • General
          • Prescription
          • Guide to writing a letter of formal notice
          • Small Claims Court
          • Representing yourself in court without a lawyer
          • Recording a conversation
        • Civil Liability
          • Aquatic accidents
          • Boat accidents
          • Skiing accidents and other winter sports
          • Accidents during a hunting activity
          • Recreation
          • Burns caused by aesthetic care
          • Transmission of an STI
          • Dog bite or attack
          • Responsibility of a babysitter or daycare
          • Bullying at school
          • Defamation
        • Consumer Law
          • Unfair term in terms of membership
          • Punitive damages
          • Misrepresentation in advertisements
          • Cancellation fees
          • Extended warranty
          • Illegal pricing practice
            • Price Accuracy Policy
            • Additional fees in consumer contracts
          • Abusive loans
          • Flight delay, cancellation or overbooking
          • Telecommunications companies
            • Complaint to the Commission for Complaints for Telecom-television Services (CCTS)
            • Termination fees for telecommunications contracts
        • Car Accidents
          • After a car accident: the impact on victims
          • Compensation for an accident that occurred while using a vehicle
          • Accident with a snow removal vehicle
          • Injuries sustained in an automobile accident outside Quebec
          • Compensation by the SAAQ for personal assistance at home
          • The SAAQ’s no-fault regime
          • Simulation
        • Work Accidents
          • Accidents at work while working from home
          • Civil action for a work accident
          • Accident at work outside working hours
          • Presumption of occupational diseases
          • De Quervain’s tendinitis
          • Cannabis use in the workplace
          • Guide for victims of psychological harassment at work
        • Victims of Criminal Offence
          • Psychotherapy for the victim of criminal offence
  • Career
  • Reach us
  • English
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  • About
    • Services
      • Class Actions
      • Civil Liability
      • Medical Liability
      • Car Accidents
      • Work Accidents
      • Victims of Criminal Offence
      • Retraite Québec
      • Social Welfare
      • Disability Insurance
      • Criminal Law
      • Penal Law
      • Disciplinary Law
    • Philosophy
      • Protection of your rights
      • Personalized service
      • Trust
    • Legal Fees
      • Percentage
      • Fixed
      • Hourly rate
      • Legal Aid
      • Legal Insurance
    • Distinctions
      • Consumer Choice
      • Three Best Rated
    • Press
      • Class Actions
      • Civil Liability
      • Administrative Law
      • Disability Insurance
  • Team
    • Lawyers / Representatives
      • Mtre Jimmy Ernst Jr. L. Lambert
      • Mtre Benjamin W. Polifort
      • Mtre Loran-Antuan King
      • Mtre Yahia Belhaddad
      • Mtre Felicia Rotaru
      • Mtre Sandra H. Kim
      • Mtre Olivier Hankins-Meilleur
      • Mtre Bo Chi Zhang
      • Mtre Philippe Brault
      • Daphné McConnell
    • Assistants
      • Jeannie Nguyen
      • Céline Slamani
      • Rubi Barboza Gomez
      • Emilie Leblanc
    • Bar Students / Interns
      • Mtre Mégane Rousseau
      • Sandrine Puchin
    • Students
  • Administrative Law
    • Car Accidents (SAAQ)
      • Your SAAQ file
        • Challenging a SAAQ decision
        • Application for administrative review to the SAAQ
        • SAAQ Administrative Review Decision
        • Recourse to the Tribunal administratif du Québec
        • Conciliation at the Tribunal administratif du Québec
        • Trial at the Tribunal administratif du Québec
        • Review of the judgment of the Tribunal administratif du Québec
        • Recourse to the Superior Court
      • Dispute period
      • Income replacement indemnity claim
      • Compensation for bodily injury
      • Compensation for psychological damage
      • Determined employment and return to work
      • Relapse, recurrence or aggravation
      • Causal link
      • Personal assistance at home
      • Request for reimbursement
    • Work Accidents (CNESST)
      • Contestation of a CNESST file
      • Income replacement indemnity
      • Employment
      • Compensation for relapse
      • Civil action for a work accident
    • Victims of Criminal Offence (IVAC)
      • Criminal acts covered by the IVAC
      • Criminal Compensation Lawyer
      • Victims of physical assault
      • Compensation for unemployed victims
      • Fault of the victim
      • Rehabilitation
    • Retraite Québec
      • Refusal of a request
      • Work income
      • Family allowances
      • Surviving spouse’s pension
      • Supplement for disabled children
      • Progress of the file
    • Social Welfare
      • Marital life
      • Misrepresentation or fraud
      • Investigation
  • Civil Law
    • Civil Liability
      • How to prove the damage
      • Assessment of civil damage
      • Compensation for bodily injury
      • Injuries caused by a fall
      • Injuries caused by the ruin of a building
      • Liability of the city in case of lack of maintenance
      • Responsibility of the school
      • Fact of the goods
    • Medical Liability
      • Remedies for compensation
      • Medical negligence and unnecessary treatment
      • Surgical errors and early discharge from hospital
      • Misdiagnosis
      • Malfunction of medical devices
      • Code of Ethics of Physicians
    • Prosecuting your aggressor in civil proceedings
      • Criminal vs. civil hearing
      • Prescription
    • Contractual Law
      • Claim for damages
      • Letter of formal notice
    • Disability Insurance
      • Disability Insurance
    • Hidden Defects
  • Class Actions
    • Ongoing Class Actions
      • Coloplast
      • Canada Post
      • Nintendo
      • Samsung
      • Videotron
      • Car dealers
      • GoFundMe
      • Fever
      • Hyundai (paint)
      • Brewers
      • SAQ
      • Psycom
      • Volkswagen (water leak)
      • “Alcohol-free” products
      • Ticketmaster
      • Diocese of Gaspé
      • Diocese of Rimouski
      • Diocese of Rouyn-Noranda
      • Social media
      • Bread recall
      • Kia (paint)
      • Audi (oil)
      • Tequila
      • STM
      • DoorDash (tips)
      • Lafontaine Tunnel
      • Public Storage
      • Volkswagen (ID.4)
      • Nissan (paint)
      • Nissan (roof)
      • Nordik Spa
    • Completed Class Actions
      • Metro Metro Festival
      • Cogeco
      • DoorDash
      • Ironman
      • StockX
      • Croisières AML
      • Web Hosting Canada
      • UberEats
      • UberEats (Service Fees)
      • Laurentian Bank
    • Frequently asked questions
      • What are the steps of a class action?
      • How do I become a class member in a class action?
      • How to make a claim?
      • How much to receive as compensation?
      • When to receive compensation?
  • Criminal Law
    • Offences
      • Assault
      • Assault on a peace officer
      • Break and enter
      • Criminal negligence
      • Dangerous driving
      • Fraud
      • Hit-and-run
      • Impaired driving (DUI)
      • Mischief
      • Murder and attempted murder
      • Obstruction of justice
      • Possession of drugs and other substances
      • Possession of firearms
      • Sexual assault
      • Theft and possession of stolen goods
      • Threats
    • Procedure
      • Rights and freedoms in the event of arrest
      • Interim release
      • Elements of a criminal offence
      • Sentencing
      • Application for a record suspension
    • Charter Rights
      • Right to be informed of the reasons for arrest and right to counsel
      • Right to silence
      • Presumption of innocence
      • Right to be free from arbitrary detention or imprisonment
      • Right to be secure against unreasonable search or seizure
    • Defence
      • Coercion and necessity
      • Error of fact
      • Ignorance of the law
      • Intoxication
      • Self-defence
      • Not criminally responsible
      • Provocation
  • Penal Law
  • Disciplinary Law
    • Dentists
    • Engineers
    • Judges
    • Notaries
    • Nurses
    • Opticians
    • Optometrists
    • Psychologists
    • Real Estate Brokers
    • Veterinarians
  • Housing Law
    • Tenant Representation
      • Abandonment of housing
      • Pets and Rental Housing
      • Rent increase
      • Request for Deposit
      • Deposit: Illegal or Not?
      • Rodent infestation
      • Housing unfit for habitation
      • Obligations of delivery, maintenance, and fitness of the property
      • Repairs in the home
      • Neighbourhood disturbances
      • Validity of the lease
      • Sale of housing
    • Landlord Representation
      • Hidden defect lawyers
      • Death of the tenant
      • Eviction
      • Non-payment of rent and frequent delays
      • Repossession of accommodation
      • Termination, Sublease and Assignment of Lease
  • Aviation Lawyers
    • Passenger Rights
      • Travel insurance
      • Right to assistance
      • Right to compensation
      • Right to information
      • Right to care
      • Disclaimer
      • Carrier’s Obligations
      • Additional obligations of airlines
      • Penalties
    • Laws and regulations
      • Air Passenger Compensation
      • The Montreal Convention
      • International Civil Aviation Organization (ICAO)
      • European Regulation
    • Complaints procedure
      • Relevant documents and information to keep
      • Claim Form
      • Small claims claim
    • Special situations
      • Cessation of an airline’s activities
      • Rights of passengers with special needs
      • Denied boarding
  • Legal Capsules
    • General
      • Prescription
      • Guide to writing a letter of formal notice
      • Small Claims Court
      • Representing yourself in court without a lawyer
      • Recording a conversation
    • Civil Liability
      • Aquatic accidents
      • Boat accidents
      • Skiing accidents and other winter sports
      • Accidents during a hunting activity
      • Recreation
      • Burns caused by aesthetic care
      • Transmission of an STI
      • Dog bite or attack
      • Responsibility of a babysitter or daycare
      • Bullying at school
      • Defamation
    • Consumer Law
      • Unfair term in terms of membership
      • Punitive damages
      • Misrepresentation in advertisements
      • Cancellation fees
      • Extended warranty
      • Illegal pricing practice
        • Price Accuracy Policy
        • Additional fees in consumer contracts
      • Abusive loans
      • Flight delay, cancellation or overbooking
      • Telecommunications companies
        • Complaint to the Commission for Complaints for Telecom-television Services (CCTS)
        • Termination fees for telecommunications contracts
    • Car Accidents
      • After a car accident: the impact on victims
      • Compensation for an accident that occurred while using a vehicle
      • Accident with a snow removal vehicle
      • Injuries sustained in an automobile accident outside Quebec
      • Compensation by the SAAQ for personal assistance at home
      • The SAAQ’s no-fault regime
      • Simulation
    • Work Accidents
      • Accidents at work while working from home
      • Civil action for a work accident
      • Accident at work outside working hours
      • Presumption of occupational diseases
      • De Quervain’s tendinitis
      • Cannabis use in the workplace
      • Guide for victims of psychological harassment at work
    • Victims of Criminal Offence
      • Psychotherapy for the victim of criminal offence
  • Career
  • Reach us
  • English
    • Français

Hidden defect lawyers

You are here: Home / Hidden defect lawyers

Have you discovered a hidden defect after buying your property? Whether it’s water infiltration, cracks in the foundation or soil contamination, a hidden defect can turn the dream of a new home into a real nightmare.

At Lambert Avocats, we understand the emotional and financial impact that such litigation can have. Our team specializes in legal remedies for latent defects and accompanies you every step of the way, from the analysis of the problem to the claim for compensation.

lawyer-hidden-defect

What is a latent defect?

A latent defect is a serious defect that is not apparent at the time of purchase, which significantly reduces the value or normal use of a building. The defect must exist at the time of sale, be unknown to the buyer and seller, and not have been detectable at the time of purchase.

Here are some common examples of latent defects:

  • Water infiltration into the basement
  • Structural cracks in foundations
  • Mould behind the walls
  • Presence of pyrite or asbestos
  • Faulty roofing or plumbing system
  • Drainage, heating or insulation problems

Why consult a latent defect lawyer?

Using a Latent defects lawyer allows you to:

  • Getting a clear legal assessment of your situation
  • Determine if you are entitled to recourse against the seller (or the real estate broker in some cases)
  • Have a solid formal notice drawn up to start the process
  • Be effectively represented in court if necessary
  • Claim reimbursement for repair costs, loss of value or even cancellation of the sale in some cases

Our strategic approach

At Lambert Avocats, we offer complete support for your case:

  • In-depth analysis of the defect, your rights and the documents related to the sale
  • Collaboration with qualified experts in building, engineering or environment
  • Drafting of formal notice and negotiation with the opposing party
  • Legal proceedings, if no amicable agreement is possible

Our objective is to defend you rigorously and effectively in order to obtain the fair compensation to which you are entitled.

Everything you need to know about hidden defects

In order to guide you through the many aspects of this type of dispute, our site provides you with a series of detailed resources:

  • Steps to settle a latent defect dispute
  • Your rights as a buyer
  • Seller’s obligations
  • Role of experts in a latent defect case
  • How to write a demand letter
  • Possible legal remedies

Common cases of hidden defects

Our firm intervenes in a wide variety of latent defect cases, affecting both single-family homes and condominiums. The situations encountered are sometimes simple to diagnose, but often they reveal serious and costly problems, invisible at the time of purchase.

Among the most frequent cases we deal with are water infiltration in the basement, structural cracks in the foundation, or the presence of pyrite in the backfill. We also intervene in cases involving mold hidden behind walls, an outdated or non-compliant electrical system, or major plumbing problems that compromise the integrity of the building.

Defective roofs, insufficient or no insulation, and the presence of vermiculite containing asbestos are also common causes of appeal. Some customers discover contaminated soils after purchase, for example due to buried oil tanks, or face land subsidence or significant drainage problems, sometimes aggravated by a faulty septic system.

In other cases, it is the presence of radon at dangerous levels, termites, or defective central heating or air conditioning systems that raises legal issues.

Regardless of the nature of the defect, our team takes care of all these issues rigorously, collaborating with building experts and engineers if necessary to build solid evidence and protect your rights as a buyer.

Why choose Lambert Avocats?

At Lambert Avocats, we put our in-depth expertise in real estate law and civil litigation at the service of buyers who are victims of latent defects. Our approach is both strategic and human: we take the time to understand your situation, develop a strategy adapted to your needs, and accompany you every step of the way, with rigor and transparency.

If you believe you are the victim of a hidden defect, contact us now for an evaluation of your situation.

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Our office

best-law-firm-montreal
6 time winner of the Consumer Choice Award in the “Law firms” category in the Greater Montréal area.

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4 time winner of the Three Best Rated awards in the “Personal Injury Lawyers” and “Medical Malpractice Lawyers” categories in the Greater Montréal area.

SERVICES

  • Hidden defect lawyers
  • Rights and obligations for buyers
  • Seller’s obligations
  • Special obligations of professional sellers
  • Legal remedies for latent defects
  • Formal notice in a latent defect case
  • Latent defects in Quebec
  • Defects in drainage systems 
  • Presence of mold: Hidden defects?
  • Steps to settle a hidden defect dispute
  • Hidden defect or wear and tear?
  • Soil contamination
  • How to prevent hidden defects
  • The role of experts in a latent defect case

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Specialities

  • Criminal lawyer
  • Lawyer for landlords – housing law
  • Lawyer for tenants – housing law
  • CNESST lawyer
  • Civil liability lawyer
  • Legal aid lawyer
  • Lawyer for flight cancellation compensation

Our office

1200, McGill College avenue, #1800, Montréal (QC) H3B 4G7

MONTRÉAL: (514) 526-2378 (LAMBERT)

QUÉBEC: (418) 526-2378 (LAMBERT)

TOLL-FREE: 1-855-331-1010

E-MAIL: info@lambertavocats.ca

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Notice: Please note that the information on this site is provided for informational purposes only, without warranty. It does not constitute legal advice and does not establish an attorney-client relationship.

To obtain a legal advice from a lawyer, please contact us by contact form or by phone at (514) 526-2378 (514-LAMBERT).

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