INVESTIGATE
TO ASSERT YOUR RIGHTS
Legal expertise on hidden defects
WHAT IS IT ABOUT?
A hidden defect is a serious construction defect, not apparent and unknown at the time of the acquisition of a building.
More specifically, a hidden defect is a defect that the buyer could not detect and of which he was not aware at the time of the sale. The first obligation of the buyer who discovers a hidden defect is to report it to the seller, in writing. To engage the responsibility of the seller, it is necessary to prove:
- that the gravity of the defect does not permit normal use of the good;
- that the defect existed at the time of the sale;
- that the defect was hidden as opposed to an apparent defect.
Only a technical-legal expert appraisal carried out by an engineer, an expert in hidden defects, can provide you with a defense in the event of a dispute brought to the Courts of Justice. In the event that the seller is aware of the defect and has not notified the buyer, at least verbally, he will have to pay for the repair and damage.
Calling in our experts means providing you with diligent expertise and an impartial report in strict compliance with the legislation in force.
WHAT WE PROVIDE
Each request for an expertise for hidden defects begins with a physical and visual inspection of the building in question after discussing with you the failures that you yourself may have observed. Our experts are equipped and use professional techniques such as:
INFILTROMETRY TEST : Energy assessment of a building carried out by a fan adaptable to any opening and aimed at detecting air leaks or heat loss.
EXPLORATION DRAINS FOUNDATIONS : High-definition, high-definition color camera to check the condition of the drains as well as the exact location of damage.
INFRARED THERMOGRAPHY : Infrared radiation detection system to identify probable irregularities in heat, air and humidity and therefore in energy performance.
OPENING EXPLORATION : Cut made in the building envelope to explore any damage (carpenter ants, defective insulation, etc.)
MICROBIAL ANALYSIS : Air and / or dust sampling for air quality analysis by an independent laboratory to determine biological and chemical pollutants.
LEVEL REPORTS: Data taking (rotating laser/barometric altimeter) to calculate the bearing capacity and movements of foundations, in particular subsidence.
Subsequently, and according to your needs, the professionals of ProspecPlus provide you with a report specifying:
- Location, mapping on plans, photo and description of faults and their causes that may contribute to the development of dangerous conditions;
- Analysis of any documentation relating to the building produced by a third party and submitted to the buyer to understand the history;
- The impartial and professional opinion of the engineer as to the existence of the defects observed at the time of the real estate transaction;
- Description of corrective work (preventive maintenance program), budget estimate as well as the recommended completion schedule thereof;
- Drawings, plans and specifications for the call for tenders phase which leads to implementation of work to ensure the safety and sustainability of your building.
In addition, after providing you with the technical-legal expertise report, we offer the following services if necessary:
- Presence in Court as an expert witness
- Management of the call for tenders
- Analysis of submissions
- Site supervision
- Compliance of works and materials
- Quality control
- Issuing a certificate of conformity
Supporting your project from A to Z, ProspecPlus is the Total Solution for your building.
KNOW HOW TO DECRYPT
YEARS
Period for Legal recourse against the seller from the moment of discovery of the hidden defect – and not from the date of purchase of the property (Art. 2925 C.c.Q.). If the defect appears gradually, this period starts from the moment it appears for the first time (Art. 2926 C.c.Q.)
ARTICLE
Article of the Civil Code of Quebec which provides a legal guarantee against hidden defects. Indeed, during the sale, the seller must guarantee the buyer that the goods and their accessories are free from defects.
DOLLARS
Maximum amount a citizen can claim in Small Claims Court in litigation.
Sources: Régie du Bâtiment du Québec, RBQ, www.rbq.gouv.qc.ca, 2021
Justice Québec, www.justice.gouv.qc.ca, 2021