Home renovations can be an exciting opportunity for new homeowners to create their dream home. However, it is important to be aware of the potential issues that can arise when purchasing a home and having a building inspection completed. Buyers should take the necessary precautions to ensure that they are not blindsided by hidden or latent defects that may affect the value and safety of their property.
Hidden defects refer to issues that are not visible during a building inspection and were not disclosed by the seller. These defects are often not serious but, in some cases, can affect the safety and livability of the property. For example, hidden defects may include structural issues, water infiltration with mold growth, or electrical problems. These issues may not be apparent during the initial inspection and may require further investigation by a specialist to detect.
On the other hand, a latent defect refers to a problem that is not immediately apparent and can only be discovered after the sale is complete. Latent defects can be a major issue for new homeowners as they can be costly to repair and may affect the value of the property. In Quebec, sellers are required by law to disclose any latent defects that they are aware of on a Sellers Declaration form. However, it is still important for buyers to do their due diligence and hire a qualified inspector to identify any potential issues.
Apparent defects and irregularities refer to issues that are visible during the initial inspection. These may include cracks in the foundation, leaks in the roof, or outdated plumbing and electrical systems. While these issues may be less serious than hidden or latent defects, they can still be costly to repair.
If a significant problem is identified during the inspection, buyers should consult with their real estate agent to determine the best course of action. In Quebec, the OACIQ (Organisme d’autoréglementation du courtage immobilier du Québec) provides guidelines for buyers and sellers to follow in the event of a dispute over hidden defects. If the buyer suspects that a hidden defect was not disclosed, they should notify the seller in writing within a reasonable amount of time. The seller then has the option to either repair the issue, provide compensation, or negotiate a settlement with the buyer.
If a problem is discovered after the buyer takes possession of the property, they should consult with their legal advisor to determine their options. In Quebec, the seller is responsible for any latent defects that were not disclosed. However, the buyer must prove that the seller was aware of the issue and did not disclose it. It is important for buyers to keep a record of all correspondence with the seller and any contractors who worked on the property.
Buyers should be aware of the potential issues that can arise when purchasing a home and having a building inspection completed. This is why your real estate professional must always recommend a building inspection. Buyers should hire a qualified inspector and do their due diligence to ensure that they are not blindsided by these issues. If a problem is identified, buyers should consult with their real estate agent and legal. By taking the necessary precautions, buyers can protect themselves and their investment and enjoy their new home with peace of mind.
Helpful links:
OACIQ (Organisme d’autoréglementation du courtage immobilier du Québec): This is the regulatory body for real estate brokers in Quebec. They provide guidelines for buyers and sellers to follow in the event of a dispute over hidden defects.
Régie du bâtiment du Québec: This is the regulatory body for the construction industry in Quebec. They provide information on building standards and regulations, as well as a directory of certified building inspectors.
Éducaloi: This is a non-profit organization that provides legal information to the public in Quebec. They provide information on the legal obligations of buyers and sellers in a real estate transaction, as well as information on hidden and latent defects.
Canadian Association of Home and Property Inspectors – Quebec (CAHPI Quebec): This is a professional organization for home and property inspectors in Quebec. They provide a directory of certified inspectors who follow a strict code of ethics and standards of practice.
Richard Sholzberg