Through the many calls we receive at our offices, we notice that more and more people are considering filing a lawsuit for a latent defect when they discover an issue with their building. However, while many wish to take legal action, very few cases actually make it before a judge. Stay with us as our experts explain what a technico-legal expertise for a latent defect entail!

A technico legal expertise is a technical investigation conducted by an expert in a specific technical field— in our case, building inspection. Naturally, this service is carried out in a legal context. Its purpose is to provide technical clarifications regarding an issue subject to judicial evaluation, an insurance claim, or a dispute between parties.

In most cases, when we talk about technico legal expertise in the field of building inspection, we are referring to a latent defect—a serious flaw that was not visible at the time of purchase but existed when the transaction took place. To be considered a latent defect, the issue must render the property unfit for its intended use or significantly reduce its value.

A latent defect can involve a variety of issues, such as water infiltration, mold growth, insect infestations, and more. It is also important to note that these major defects must not have been easily detectable at the time of purchase, for example, through a pre-purchase inspection.

When a homeowner suspects they are dealing with a latent defect, they can usually take legal action against the seller to seek compensation—either through repairs or financial indemnification. However, to do this, a technico legal expertise is required!

During a technico legal expertise, the expert begins by discussing the case with the property owners. They aim to gather as much information as possible about the home’s history, including past renovations, previous issues, and more. Then, the expert conducts an in-depth investigation of the building’s damages to determine whether the defect or the conditions leading to the problem existed at the time of the real estate transaction.

To do this, the expert will review the pre-purchase inspection report, looking for clues. They will ensure that the inspector did not note any concerns about a latent defect or warning signs that may have been overlooked by the buyer. If such signs were present, then the defect would no longer be considered hidden.

The expert then assesses the extent of the damage related to the latent defect, traces it back to its source, and identifies the cause or causes. Their expertise and knowledge allow them to distinguish between normal wear and tear and deterioration caused by a latent defect. Finally, all findings are compiled into a technico legal expertise report.

If the case goes to court – which we hope never happens, the expert must be able to demonstrate their level of expertise before a judge to be officially recognized as a technico legal expert.

If you suspect that you may be dealing with a latent defect, remember that our technico legal experts are here to assist you from start to finish.