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Property law

Sellers and buyers, beware – of hidden defects

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Whether you sell or purchase a property, you may be faced with one of the following situations that must be dealt with promptly. If you sold your property, or you intend to do so, claims can be made against you for hidden defects months or even years later.
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Tassé c. Jacques, 2015 QCCS 6031 (CanLII)

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Issue:  Do cracks revealed by the inspector constitute awareness of defect? The facts: Three months after the purchase of a 26 years old home the purchasers (Plaintiffs) find the concrete slab in the basement under the floating floor is swelling.
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ABB Inc. v. Domtar Inc., [2007] 3 SCR 461, 2007 SCC 50 (CanLII)

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Issue:  What are the conditions for the existence of latent defects and how to evaluate whether a defect is hidden or not. Decision: Whether a defect is hidden or not is assessed objectively. 
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Syndicate of copropriété Domaine Quatre-Saisons, phase II c. Giguère, 2012 QCCQ 4102 (CanLII)

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Issue: Whether the Syndicate can claim legal fees incurred to claim payment for unpaid condo fees?
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Syndicate of Co-Ownership Le Carré St-Charles c. Daoud, 2014 QCCS 2665 (CanLII)

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The facts: ParagrapheThe Defendant, a co-owner of a syndicate of co-ownership (horizontal), installs, without authorization, a hot tub on the terrace in his townhouse garden area as well as security cameras on the exterior walls of his townhouse.
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Appartements Club Sommet inc. c. Syndicate of Le Parc Co-Ownership, 2013 QCCS 1297 (CanLII)

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Issue:  Can the refusal by a party to provide court ordered documents result in the payment of legal fees incurred to seek compliance with said court Order?
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