The definition of a latent defect as per the Civil Code of Quebec :
Warranty of quality
1726. The seller is bound to warrant the buyer that the property and its accessories are, at the time of the sale, free of latent defects which render it unfit for the use for which it was intended or which so diminish its usefulness that the buyer would not have bought it or paid so high a price if he had been aware of them.
The seller is not bound, however, to warrant against any latent defect known to the buyer or any apparent defect; an apparent defect is a defect that can be perceived by a prudent and diligent buyer without any need of expert assistance.
1991, c. 64, a. 1726
However, in spite of the above, the buyer, by law, must prove the existence of the latent defect and consequently take the necessary steps of having an expertise done at his cost and proceed with a law suit against the vendor resulting in considerable fees for the buyer without the guarantee of a result in his favour. Our insurance coverage includes these fees and the resulting steps to be made.
In order to better understand the meaning of a latent defect, you can visit the following websites :
- Educaloi.qc.ca
- Avocat.qc.ca
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