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Shedding light on hidden defects
Shedding light on hidden defects
In real estate field, a defect is considered hidden if it has all the following featureshidden defect....
If you believe you are facing a hidden defect issue, check the “Hidden Defects in Buildings” section on the
Latent defect is a very unpleasant surprise for both the buyer and the seller!
learn more about the obligations and limits of your real estate broker, read the article: Shedding light on hidden defects....Check the “Hidden Defects in Buildings” section on the Éducaloi
Legal resources at your disposal to protect your interests
When it comes to contractual relationships or latent defects for example, it is recommended to seek more in-depth legal knowledge....the-advantage-of-being-part-of-a-professional-network">The advantage of being part of a professional network
Shedding light on hidden defects
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New OACIQ promise to purchase forms in effect as of June 22, 2021
Only a proper inspection carried out by an inspector or professional can uncover any apparent defects in the building....Even if the expert does not see hidden defects in a concrete way, he can see their apparent manifestations which may not be significant for the buyer....
The buyer may lose his recourse against the seller if an apparent defect is discovered after the conclusion of the sale
If the property
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Shedding light on hidden defects
Buyers and sellers must fully understand the importance of their rights and the consequences of a hasty purchase
The warranty of quality concerns hidden defects. In the real estate industry, this is a defect that affects a building....
The warranty of ownership concerns any defects affecting ownership titles....More specifically, a title defect is one that deprives the buyer of his right of ownership or restricts it.
Mould and Serpula lacrymans
defects are sought....Claims involving legal action for hidden defects are among the most common received by the FARCIQ....
To prevent disputes involving hidden defects, the broker must:
disclose any known factors that could unfavourably affect one of
The advantage of being part of a professional network
Whether it is concerning a hidden defect, a breach of the promise to purchase, servitudes or any other legal problem, you can be sure your interests are
Declarations and obligations of the buyer (PP)
It should be remembered that, with respect to the warranty against hidden defects, the seller is not required to guarantee a hidden defect known...to the buyer or an apparent defect, i.e., a defect that a diligent and prudent buyer is able to observe without the assistance of an expert....The Civil Code of Québec also provides that the seller cannot exclude or limit his responsibility if he failed to disclose the defects of which
Prevention and solutions
The seller, for his part, protects himself against actions for hidden defects.
Other declarations and conditions (PP)
This could be the case when selling the property of an elderly person who does not want to worry about a potential recourse by the buyer for a hidden defect
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