You’ve purchased a new home and plan to begin renovation work shortly after the purchase.
As you begin the work, you discover, for example, water seepage near the windows that has caused the structural wood to rot.
You investigate the situation and believe you are dealing with a hidden defect.
What should you do once you discover a defect, and what are your options regarding the work?
You must stop the work immediately, taking care to photograph the alleged defects so that the seller can review them.
You must then notify the seller of the situation within a reasonable time.
This notice must be provided in writing to comply with the requirements of the Civil Code of Québec.
You must give the seller a reasonable amount of time to inspect the defect and assess the damage on site.
The seller must also be given the opportunity to repair the defect themselves.
The seller may have the defect assessed by an expert to gain a clearer understanding of the situation.
After filing the notice, can I continue the work?
It is important not to continue the work or correct the defect in any way.
In fact, it is essential that the seller be given the opportunity to come and inspect the defect.
Failure to meet this condition may jeopardize your potential claim for hidden defects.
What happens if you decide to carry out the necessary repairs before notifying the seller?
Certain exceptions may justify a late notification by the buyer and, therefore, allow the buyer to proceed with the repairs.
You decide to correct the defect immediately because it seems dangerous to you and you fear it could lead to the loss of your property.
You likely believe you are facing an emergency.
Does an exception apply to your case?
Indeed, it is possible to carry out certain repairs classified as “urgent.”
If the concept of urgency applies in this case, a buyer may be exempt from the obligation to notify the seller of the defect before carrying out the corrective work.
The concept of urgency has been defined by case law as a situation in which there is an immediate risk of danger or significant deterioration to the property.
Each situation must be analyzed based on its own specific circumstances, but it must be clear that the buyer had no other option but to proceed quickly with the renovation work.
A situation in which the buyer demonstrates that they undertook the work before notifying the seller of the defect to reduce costs is not considered an emergency.
The court defines the term “emergency” as a genuine threat to the building or a danger to its occupants.
It must be understood that the buyer’s obligation to notify the seller of the alleged defect so that the seller may come and inspect it for themselves is a genuine necessity.
Therefore, for the buyer to be able to bypass this notification requirement and proceed with corrective work, there must literally be a fire in the house, as explained by the court.
If the conditions relating to the concept of urgency apply to your situation, the court will recognize your right to have reported the hidden defect to the seller late and to have continued your repair work.
Do you believe you are facing a situation involving hidden defects in your property? Are you wondering if it is possible for you to proceed immediately with corrective work?
Feel free to contact Boavista Legal Services, we’d be happy to help you!
