You are buying a property. Unfortunately, after purchase, you discover that it has hidden defects that interfere with its normal use. However, you don’t know where to start when it comes to taking action against the person who sold you the property.
This article helps to demystify all of this, making it easier for you to understand the proper procedures to undertake.
1. The notice of denunciation
According to article 1739 of the Civil Code of Québec, when you notice or suspect the presence of a latent defect in the property you have purchased, you must report the presence of the defect in writing to the seller, within a reasonable period of time. This period can generally be up to 6 months from the discovery of the defect, although exceptions may apply depending on the circumstances. It is necessary to send the notice of denunciation before starting any repair work.
The notice of denunciation must contain a description of the defect that alienates the property, informing the seller of the nature of the problem. This notice does not in itself require anything from the seller; it only allows him to be notified of the presence of a latent defect.
After the defect has been reported in writing, you must still allow the seller a reasonable period of time, since he or she may want to inspect the property and make the necessary repairs. It is possible to report the defect and to give formal notice in the same letter.
2. Seek an expert
If the seller has not carried out the inspection or repair, it is in your best interest to seek the help of an expert. The latter will be able to report the hidden defect and determine precisely the necessary repairs. Calling in an expert also allows you to put pressure on the seller to take the necessary steps to fix the problem, as the expert’s opinion carries weight in court.
3. The formal notice
Under article 1594 of the Civil Code of Québec, if the seller does not take the necessary measures to remedy the defect following receipt of your notice of denunciation, you must send him a formal notice. The purpose of the latter is to require the seller to repair the defective property, under penalty of facing legal proceedings.
It should be noted that, if you want to repair the defect yourself, it is essential to send the formal notice before starting the repair work. Otherwise, your claim against the seller may be rejected.
Now, what should your demand letter contain?
Date and contact information
You must indicate in your formal notice the date on which you write it. In addition, you must specify the contact details of the seller who sold you the property affected by the defect. You must specify in the body of the letter that it is a formal notice.
It is also necessary to mention in your formal notice the means used to send the letter and send it to the seller. For example, your formal notice could be sent by bailiff or registered mail.
At the end of the letter, you will have to sign it and write your contact information.
Problem Summary
You obviously have to summarize the problem you are facing. It is then a question of clearly explaining the problem of the property being sold.
You must be rigorous in explaining the problem encountered in order to identify all the defects that you reproach the seller for if there are several. It is recommended to call on a building expert for this reason.
How to fix the problem
You must write in your formal notice the actions you ask the seller to take to solve the problem. Thus, you could mention that you want to repair the defect in the property, ask for reimbursement of the property, a reduction in the sale price or even ask for damages. In short, you must explain what you expect from the seller by writing this formal notice.
Reasonable time frame to resolve the issue
Finally, you must leave a deadline in your formal notice. This period consists of the period you give the seller to solve the problem of the hidden defect.
This period must be reasonable in order to allow the seller sufficient time to comply. The reasonable period of time varies depending on the repair needed to fix the defect.
Discovering a hidden defect after the purchase of a property can be a stressful and expensive experience. Between the notice of denunciation, the formal notice and the legal proceedings, each step must be rigorously followed in order to protect your rights.
At Lambert Lawyers, our civil and real estate litigation team specializes in recourses for latent defects. We accompany you every step of the way, from the first opinion to the court if necessary. A poorly drafted demand letter can compromise your rights. Use our expertise to draft a solid and effective formal notice.
Contact our team today for a consultation and protect your rights with confidence.