Legal Expertise for Hidden Defects Repentigny
Technical hidden-defect expertise compliant with article 1726 C.c.Q., to support your legal action.
In Repentigny, part of the North Shore / Laurentians area, our certified inspectors and engineers deliver this service directly to local owners, buyers, and condo boards — with the same rigorous process and detailed reporting offered across Greater Montreal.
Have you just discovered a serious problem in your recently purchased property — and suspect a hidden defect? Before taking any legal action against the seller, an independent technical expertise is essential to document the nature, cause, and extent of the problem.
Radar Inspection performs hidden defect expertise in Montreal, intended to support your file with a lawyer or before the courts.
Request your free quote — 514-550-2444 | info@radarinspection.com
What the service includes
- Preliminary file analysis and review of any existing pre-purchase inspection report
- In-depth technical inspection of the affected element
- Investigation of the cause and assessment of its pre-existence
- Complete photographic documentation and technical measurements
- Estimate of required repair costs
- Expert report usable in negotiation, mediation, or legal proceedings
What Is a Hidden Defect Under the Law?
Article 1726 of the Civil Code of Québec establishes the legal warranty of quality: the seller must guarantee to the buyer that the property is free of hidden defects that make it unfit for the use for which it is intended, or that diminish its usefulness so much that the buyer would not have purchased it, or not at the same price, had they known of it.
For a hidden-defect claim to be admissible, the buyer generally must demonstrate the following criteria:
- The seriousness of the problem — it must significantly affect the use or value of the property
- The hidden nature of the defect — unknown to both the buyer AND the seller at the time of sale; an apparent defect, one a prudent and diligent buyer could have noticed without an expert's help, is not covered
- The pre-existence of the defect — the problem already existed, at least in embryonic form, before the sale
- Sufficient severity such that the buyer would not have purchased, or not at the same price, had they known of the defect
The Obligation to Report (Article 1739 C.c.Q.)
A buyer who discovers a defect must report it in writing to the seller within a reasonable time after discovering it. Case law generally considers a period of a few weeks to six months as reasonable — beyond that, the claim may be compromised. No corrective work should be undertaken before the expertise is completed, in order to preserve evidence of the defect.
The Limitation Period
The buyer has three (3) years from the discovery of the defect to bring a claim against the seller.
Why Radar Inspection
- Objectively document the nature, cause, and actual extent of the problem
- Establish the pre-existence of the defect — demonstrate it existed before the transaction
- Distinguish a hidden defect from an apparent defect or normal wear, a distinction that is determinative for the claim's admissibility
- Quantify repair costs, essential for assessing the damages claimed
- Provide credible evidence to the seller, a mediator, or a court — the testimony of a qualified professional carries significant weight in assessing the severity of the defect
- Support your notice of default with precise technical findings rather than mere impressions
Our process
Preliminary file analysis
Transaction history, existing pre-purchase inspection report, seller's declarations.
In-depth technical inspection
Of the component or element affected by the suspected defect.
Investigation of the cause
And assessment of its pre-existence relative to the transaction date.
Complete photographic documentation
And technical measurements supporting the findings.
Estimate of repair costs
Required to correct the problem.
Clear, detailed expert report
Drafted to be usable in negotiation, mediation, or legal proceedings.
Frequently asked questions
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Ready to request a quote for your legal expertise – hidden defects?
Technical hidden-defect expertise compliant with article 1726 C.c.Q., to support your legal action.