You want to buy a property such as a house. Before buying, you inspect the premises and notice traces of humidity, mold or any other element that may make you doubt the value of the property. Fearing that hidden defects will be discovered after the acquisition, it is recommended to call in an expert.
The expert is the person qualified to determine whether the problem observed constitutes a latent defect. Although its intervention is not mandatory, it is strongly recommended, as it allows proof of the existence of the defect and its impact on the property concerned to be established.
For example, when buying a house, the inspector will identify the building’s problems. If he identifies a structural problem in the building, he will inform you, so that you turn to an architect or engineer who will carry out various calculations, including loads. Therefore, the expert will depend on the situation and the problem identified.
When to call on an expert?
If you have any doubts about the presence of defects in a property you want to buy, it is important to turn to an expert so that he or she can see the defect. Indeed, often during the acquisition of goods, the detection of latent defects requires the use of specialized equipment to determine their presence. A person without specific training cannot always identify these defects, hence the importance of using a professional.
It should be noted that, even if you do not seek the help of an expert, your recourse against the seller may be admitted by the court according to article 1726 of the Civil Code of Quebec. However, you must prove that you were careful when buying. However, the best way to demonstrate your caution is often to seek expert advice.
In addition, you should call on an expert when the seller tells you about potential problems that the property may have. Indeed, if you use an expert, but you decide to ignore his recommendations, you will not be able to turn to the seller to ask for compensation based on the latent defect.
This is particularly the case in the case of Amilcar v. Allard , where the buyers of a house did not follow the recommendations of the contractors who had been involved in the foundation work on the building, who recommended an inspection of the drain and a coring of the foundation. By ignoring these recommendations, even if buyers discover defects after the purchase, they could not sue the seller for latent defects, since they were aware of a potential problem with the drain and the foundation. The prudent and diligent buyer would have had the whole thing inspected, in order to know the state of the situation.
Role of the experts
A distinction must be made between the building inspector and other experts. In the case of a real estate purchase, the building inspector inspects the components of the house before the transaction. During this inspection, the inspector checks for the presence of apparent defects or defects that are considered “hidden” and that could affect the use of the property. The building inspector is an expert in identifying problems and must inform you of what he finds during his inspection and refer you to the appropriate expert who, in turn, will be able to inform you of the state of the situation and the problems raised.
The expert allows, thanks to his analysis, to determine the presence of defects that are hidden in the property you want to buy. Thus, it makes it possible to meet one of the criteria of article 1726 of the Civil Code of Quebec, namely to determine that the defect is well “hidden” in order to have the right to a potential recourse against the seller. He must also check whether the risk is serious enough to significantly harm the use of the property.
In addition, the expert must document the defect, in particular by taking photos of it. He must then make an expert report that explains his observations and conclusions regarding the defect in question. This report outlines the problems with the property you want to buy. It also sets out the costs that will have to be paid for the repair of defects.
Expert Testimony
Indeed, the expert whose services you have requested can testify in court if necessary. He will have to present the expert report he has written and explain in detail the conclusions he drew after inspecting the property.
The expert’s testimony only helps the court better understand the facts and evidence surrounding the presence of latent defects. The expert’s evidence is mainly based on his observations, conclusions, as well as on his opinions based on what he found during the inspection, on the reports of other experts, on photos, etc.
Deadline for reporting
You must report the latent defect to the seller in writing within a reasonable period of time according to article 1739 of the Civil Code of Québec. This period runs from the moment you suspect the seriousness and extent of the defect.
However, in a context where you use an expert, this period may be extended. Indeed, it is possible for you to wait for the expert report to fully understand and identify the cause of the problem before filing an appeal to this effect. Thus, the court takes into account the fact that you waited for the expert’s report to be received before denouncing it to determine whether the denunciation was made within a reasonable time.
At Lambert Lawyers, we work hand in hand with qualified experts to protect your interests during a real estate transaction. Whether it is to prevent or to act after the discovery of a hidden defect, our team accompanies you with rigor and professionalism.
Contact our team specializing in latent defect litigation today for an evaluation of your situation and ensure peace of mind during your real estate purchase.