Hidden Defects

Have you uncovered hidden defects in a property not disclosed by the seller?

What do you do when the home you bought has a hidden defect – or defects – the seller never disclosed before before the sale?

The purchase of a home may be one of the most important investments you make. So what do you do when the home you bought has a hidden defect – or defects – the seller never disclosed to you prior to the sale? Fortunately, the laws in Quebec protect the rights of homebuyers. If you’ve discovered a hidden defect, you may be entitled by law to compensation for repairs, renovations and even damages.

A hidden defect is any flaw or defect resulting from inferior design, deterioration, or an unseen construction mistake made prior to sale. In Quebec, the seller of a property is bound by law to inform the buyer of a property of any hidden defects that may negatively affect the quality or use of the property and any extension of it, including a pool, chimney, deck, shed, or garage.




Quebec law outlines the criteria a defect must meet for the Warranty of Quality to apply. If the following statements are true about your defect, you may have legal recourse:

  1. The defect existed at the time of the transaction

  2. The defect is not apparent or obvious and often cannot be noticed by a simple inspection

  3. The defect affects the quality and value of the property

  4. The defect prevents the buyer from normal use or enjoyment of the property

  5. The buyer does not know about the defect and could not have reasonably suspected its presence prior to the transaction


How Our Real Estate Attorneys Can Help


If you have purchased a property and discovered a hidden defect not disclosed by the seller prior to the sale, our real estate attorney can work to get you:

  1. A reduction in the price paid.

  2. Reimbursement of the cost of repairs done or that must be done to repair the defect(s).

  3. Compensation for damages or inconveniences suffered from loss of enjoyment and use of the property.

  4. Exceptionally, cancellation of the purchase, return of the building to the seller and a reimbursement of the purchase price and damages.