The Legal Warranty of Quality and Latent Defects

What is the legal warranty of quality? What is a latent defect?

While they may appear simple, the rules on latent defects are numerous and sometimes complex. Every case is different, and an analysis is always required in order to confirm whether we are in the presence of defects covered by the legal warranty of quality. In fact, and contrary to popular belief, a defect is not automatically defect covered by the legal warranty of quality.

In this video (in French), Mtre Bryan-Eric Lane provides a general explanation of the legal warranty of quality and the concept of latent defects in real estate.

This video presents the criteria for qualifying a defect as a latent defect covered by the legal warranty of quality.

The video also deals with the concept of the buyer who acts prudently and diligently prior to the sale, as well as the concept of fraud, and identifies the elements that are not covered by the legal warranty of quality, in addition to dealing with the issue of depreciation, which applies in certain situations.

The video also addresses the issue of the real estate broker’s liability for latent defects. 

This video is an opportunity to learn more about the concept of latent defects in real estate and the legal warranty of quality of the Civil Code of Quebec. Geared towards both the general public and real estate professionals, this video will demystify and allow you to better understand the concept of a latent defect, clarifying certain myths and misconceptions on the subject.