What is a hidden defect (latent defect)?
A defect is a defect that makes it unsuitable for use for which it is intended or that so diminishes the utility of a good that the buyer does not fulfill it purchased.
In order to identify a hidden defect, it must meet these 3 conditions among others :
- It must be hidden, that is to say it cannot be perceived by a prudent and diligent buyer and cannot be discovered by a simple examination,
- It must exist at the time of purchase,
- It is not known to the buyer.
If you think you are a victim of a hidden defect, the procedure is generally as follows:
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- You must inform the seller (notice of termination) of the situation and send a demand letter to enable him/her to come and witness the existence of the defect, to judge its gravity and to make the repairs at his/her own expense. If you are at this stage, we can help you using the “Send a demand letter for hidden defect with a lawyer”
- If the former owner refuses to do the work , you can continue the legal procedure:
- If the litigation is for less than $ 15,000, go to the Small Claims Court. For this, see our product: file a lawsuit at the small claims court
- If the litigation is for more than $ 15,000 and less than $ 85,000, go to the Court of Quebec. To do this, see our product: File a lawsuit at cour du Quebec
If you have legal questions at any point in time, you can immediately speak to one of our lawyers