Buying with Confidence: What Is a Latent Defect?
I am often asked whether a problem discovered after purchasing a property automatically constitutes a latent defect. The answer is no.
Water infiltration, a foundation crack, or a plumbing problem may be serious without necessarily meeting the legal definition of a latent defect. Each situation must be assessed based on the facts, the available documents, and the condition of the property at the time of the sale.
The Four Conditions Generally Considered
In Quebec, a defect must generally meet the following four conditions to be considered a latent defect.
