Residential Real Estate Lawyers

Water in the basement, cracked foundations, mould behind the walls: a few months after buying a home, the problem you find can be serious. A latent defect lawyer can tell you whether the problem is covered by the legal warranty of quality, what to do right away and how to claim against the seller. On this page you can compare Quebec lawyers who handle residential real estate disputes for buyers, sellers and homeowners, see their rates and availability, and book a consultation online.

Residential real estate is one part of real estate law. For commercial property, leasing, development and other real estate matters, see our page on real estate lawyers.

What a residential real estate lawyer does

Depending on your situation, a lawyer can:

• Assess a hidden defect claim: review the inspection, the seller's declarations and the expert report, and tell you whether the legal conditions are met.
• Send a formal notice: report the defect to the seller in a way that protects your claim.
• Defend a seller: answer a buyer's claim and check whether the defect was really hidden or the warranty excluded.
• Sort out a promise to purchase: an unmet condition or a party who refuses to sign the deed.
• Advise co-owners: disputes with the syndicate or about the common portions.
• Represent you in court: negotiate first and, if needed, go to trial.

Latent defects: the legal warranty of quality

In Quebec, a seller of a property is bound by law to guarantee the buyer that the property is free of latent defects, also called hidden defects (vices cachés). It applies whether the seller is a private individual or a professional, unless validly excluded.

For a defect to be covered, four conditions generally have to be met:

• It was hidden: a prudent and diligent buyer could not have spotted it during a careful visit, without calling in an expert.
• It is serious: it makes the property unfit for its use or reduces its usefulness so much that you would not have bought it, or not at that price.
• It existed at the time of the sale: even if it only showed up later, its cause was already there.
• You did not know about it: a defect the seller disclosed, or that you were told about, is not hidden.

Éducaloi's guide to hidden defects in homes explains these conditions in plain language, and the rules themselves are set out in the Civil Code of Québec.

You found a defect: what to do first

The most important step is to notify the seller in writing, promptly, once you discover the defect. The law requires this notice (dénonciation) within a reasonable time, and a late or missing notice can sink an otherwise valid claim.

• Take photos and videos, and keep damaged materials.
• Send a written notice describing the problem to the seller, and keep proof it was received.
• Hold off on permanent repairs, except urgent work, until the seller has had a chance to see the defect.
• Have an expert identify the cause and when it likely began.
• Gather your deed of sale, promise to purchase, seller's declarations and pre-purchase inspection report.

Latent defect claims are also subject to strict deadlines to go to court, so talk to a lawyer early.

Inspections and experts

A pre-purchase inspection is not required, but it matters. A defect that a careful buyer should have noticed is treated as apparent, not hidden. When the inspector flags warning signs, such as stains or cracks, the buyer is often expected to investigate further before buying.

After the sale, an expert report is usually the core of the case. A lawyer can help you choose the right expert and frame the questions.

Sales without legal warranty, at the buyer's risk

Many sales, especially of estates or older homes, are made without legal warranty, at the buyer's risk and peril. The buyer then generally gives up the warranty against latent defects. It has limits, though: a seller cannot exclude liability for a defect they knew about and hid, or failed to disclose. A professional seller cannot sell without warranty at all.

If you are buying under this clause, the inspection becomes even more important.

Promise to purchase problems

An accepted promise to purchase is a binding contract. Disputes often come from its conditions: financing, inspection or the sale of the buyer's own home. When a real estate broker is involved, the promise is made on mandatory forms from the OACIQ, the body that regulates brokers in Quebec. A lawyer can tell you whether a party could withdraw, and what to do if the other side refuses to sign the deed.

Condos, neighbours and boundaries

Buying a condo means joining a syndicate of co-owners and following the declaration of co-ownership. Disputes often involve special assessments, renovations, noise, or a defect in the common portions, which the syndicate generally pursues.

Between neighbours, the usual issues are the property line (settled by a boundary determination with a land surveyor), servitudes such as a right of way, trees and fences, and annoyances beyond what neighbours must normally tolerate.

Notary or lawyer?

In Quebec, a notary prepares and publishes the deed of sale and the mortgage, and advises both parties neutrally. When there is a dispute, such as a hidden defect claim, a failed promise to purchase or a conflict with a neighbour or the syndicate, you need a lawyer, who can take a side and represent you in court.

When to get a lawyer

• You discovered a serious problem in a home you recently bought.
• You sold a property and received a notice or a formal demand about a defect.
• You bought or sold without legal warranty and a dispute arose.
• A promise to purchase fell through or the other party refuses to sign.
• You are in conflict with your syndicate of co-owners or a neighbour.

Preparing for your consultation

Bring the deed of sale, the promise to purchase, the seller's declarations, the inspection report, photos, any expert report and the letters exchanged. Note when you discovered the problem and when you told the seller. Ask how the lawyer charges.

Compare and book on JustiConnect

Browse the lawyers listed below, filter by location, rates and availability, and book a consultation directly. You can also search all residential real estate lawyers or see residential real estate lawyers in Laval. For tips on picking the right person, read our guide on how to choose a real estate lawyer in Montreal.

Frequently asked questions

What counts as a latent defect in a house?

A defect that was hidden, serious, already present at the sale and unknown to the buyer. Water infiltration, foundation problems and mould are common examples, but each case depends on the evidence.

Can I sue if I bought without legal warranty?

Usually not for an ordinary hidden defect, since you accepted the risk. You may still have a claim if the seller knew about the defect and hid it or failed to disclose it.

Do I need to tell the seller before fixing the problem?

Yes, in most cases. You must notify the seller in writing promptly and generally give them a chance to see the defect before repairs, except in an emergency.

Can I claim against the inspector or the broker?

Sometimes. If an inspector or broker made a professional error, they may also be liable. A lawyer can tell you who to name in your claim.