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  • Litige commercial, responsabilité civile et assurances
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Lawyer - latent defects


Many have purchased an immovable affected by a latent defect or have received a letter from a buyer, following the sale of their property, demanding that the contract of sale be annulled or that the sale price be reduced, given the seller's liability in virtue of the legal quality guarantee.

As a law firm in latent defect litigation, our lawyers can provide the services that are necessary to protect the seller's or buyer's interests. A lawyer will take care of the entire process, starting with the very first step which consists of sending the seller a written notice, specifying the discovery and nature of the hidden defect. This notice can either be sent by the buyer himself or by his lawyer.

This written notice aims to allow the seller to take note of the existence of the discovered defect, to repair it, and if all else fails, to compensate the buyer who benefits from a legal quality guarantee. Upon receiving notice, the seller can also have an expert or a specialist in the field inspect the immovable affected by the latent defect. Once the defect is discovered or once a notice announcing its discovery is received, the lawyer specializing in latent defects can simplify the process that will follow.

Furthermore, the lawyer in latent defects can determine all the necessary conditions to be met in order for a latent defect lawsuit to be properly tackled. For example, the defect must be hidden and not apparent. In order to determine the nature of the defect, an individual must place himself in the situation of a prudent and diligent buyer who, at the very least, proceeds with a visual inspection of the immovable prior to its purchase. If potential signs pointing to the probable existence of a latent defect are discovered during this initial inspection, the buyer is expected to thoroughly investigate the matter.

On the other hand, the seller must act in good faith and must declare all knowledge he may have concerning the existence of the latent defect. When the seller was aware of the latent defect and failed to declare its existence to the buyer, he will be unable to invoke the delayed notice or the buyer's lack of diligence. In addition, the real estate forms, attesting the seller's declarations prior to the sale of the immovable, are often useful to lawyers offering their services in cases regarding latent defects, as they allow the detection of all declarations that may be false, incomplete or inexact.

It must also be remembered that not all defects are considered defects within the meaning of the law. The latent defect must be of a certain seriousness. A lawyer in latent defects can advise all individuals and businesses concerned with this matter.