WHAT IS A HIDDEN DEFECT?
More than an inspection, an investment in quality. When we talk about houses, the term hidden defect refers to a serious problem or defect that was not apparent at the time of purchase, but already existed at the time of the transaction. To be considered a hidden defect, it must render the property unfit for its intended use, or at the very least considerably diminish its value.
Structural damage, plumbing, electrical or heating problems, water infiltration, insect or pest infestations, construction defects, environmental problems: hidden defects can involve a wide variety of problems or other major defects that are not easily detected during a pre-purchase home inspection.
If a hidden defect is discovered after purchase, the buyer can usually take legal action against the seller to obtain redress, either in the form of compensation for damages, or in the form of financial compensation. For this, the services of a hidden defect expert are essential!
WHAT OUR HIDDEN DEFECT EXPERTS CAN DO FOR YOU!
Because a hidden defect expert is your most valuable ally. A hidden defect expert is there to support you from the moment the hidden defect is discovered to the very end of the legal proceedings. He or she will begin by carrying out a thorough investigation of the damage to your building to verify whether the defect or the conditions that led to the problem existed at the time of the real estate transaction. To verify that there were indeed indications of the situation at the time of the pre-purchase inspection, he will examine the inspection report. He’ll make sure that the inspector didn’t record any concerns about the presence of a hidden defect, or any indications of a defect that the buyer may have mistakenly ignored.
The inspector will then determine the extent of the damage related to the hidden defect, trace it back to its source and identify its cause(s). His experience and knowledge will enable him to determine the difference between the normal obsolescence of an item and deterioration due to a hidden defect. He will then establish the cost of the repairs required, to see if the hidden defect, had it been known at the time, would have led to substantial negotiation of the sale price, or would on its own have constituted a reason to terminate the transaction.
Once he has completed his investigation, the hidden defect expert will produce a report explaining the stages of his work, all the tests carried out and his conclusions. This report will be used by Mr. Lachance and his lawyer for further action.
In addition to hidden defects, our experts can help you with :
SOME FILES PRODUCED BY OUR HIDDEN DEFECT EXPERTS
Unbiased, professional hidden defects experts. Over the years, our hidden defect experts have dealt with a wide range of cases, problems and situations. We’d like to share a few examples of the services they’ve performed for our customers, to show you just how well our hidden defect experts can guide you through your conflict situation. Naturally, we warn you that these situations are only summaries of real cases carried out by our technical-legal experts. Since each case is unique, these examples can in no way replace the work and advice of an expert in hidden defects. If you have any doubts about your situation, contact us for help from our technical/legal expertise department.
PROBLEM IN
THE ATTIC
Complaint concerning a situation of discomfort and difficulty in maintaining the set point with the heating system in a condominium unit. The survey revealed a large number of air leaks and a problem with the mechanical ventilation system.
Our hidden defects expert concludes: faulty construction.
ODOR DIFFUSION
BETWEEN UNITS
Complaint related to an odor diffusion problem between two condominium units. The main cause was a lack of airtightness between the units, particularly around the ducts running through the partitions.
Our hidden defects expert concludes that the contractor will have to carry out sealing work.
MILDEW AND
AIR QUALITY
A tenant complains of mold problems in a dwelling. After an expert appraisal, it was established that the tenant’s lifestyle was the cause of the mold, in particular due to his excessive production of humidity.
Our hidden defects expert concluded that our client, the landlord, had won the case and was not held liable.
A WATER
INFILTRATION PROBLEM
Following the purchase of a rental property, the owner was informed of significant water infiltration causing considerable damage. It was established, after expert appraisal, that this water infiltration problem could not have been detected at the time of purchase. The seepage was caused by poor roof design and inappropriate repair work.
Our latent defect expert concludes that our client, the homeowner, wins the case. The former owner will have to assume the cost of the work listed in the expert’s report.
BASEMENT
HIDDEN DEFECT
Following the purchase of their home, the owners (our customers) decided to upgrade the basement (aesthetics and insulation). Once the gypsum was removed, traces of water and mold were visible on the foundation. This situation was repeated on all basement walls. After the expertise, it was established that this situation could not have been seen during the pre-purchase inspection.
Our hidden defect expert concludes that, following the appraisals and counter-appraisals, the seller will have to assume the cost of repair work for this hidden defect.
UNFORTABLE
UNDERFLOOR HEATING
The owners of a newly-built home are noticing wide variations in temperature from room to room. They believe these variations are caused by a defective radiant floor. Following the expert assessment, it was established that several elements of the installation standards for radiant floors had not been respected.
Our hidden defects expert concluded that the contractor would have to carry out corrective work.
Caution: The situations below are summaries of real Legault-Dubois cases and can in no way replace the work and advice of our experts, as each case is unique. If you have any doubts about your situation, please contact us for expert assistance.
HOW TO CHOOSE THE RIGHT HIDDEN DEFECT EXPERT?
Because we don’t take your situation lightly. Our hidden defect experts are there to give you the straight goods on your problematic situation and will accompany you from the discovery of the hidden defect to the very end of the legal process. They have the experience, technical knowledge and professionalism to advise and support you through this difficult ordeal.
Whether you’re a homeowner or condo owner, a manager in a condominium corporation, a building contractor, a lawyer or any other professional, you can count on our hidden defect experts. Recognized for their impartiality and competence, they will guide you through the many steps involved in a legal latent defect situation.
Click on the image opposite to download our free guide to choosing your hidden defect expert. You’ll find the key questions to ask to find the specialist who can best advise you on your situation.
OUR HIDDEN DEFECT EXPERTS ADVISE YOU
Diverse causes: a clear mandate. Our building experts have the knowledge and experience to get to the root of the problem, identify its origin and propose sustainable, realistic solutions. Read the following articles to find out more about some of the common problems our experts encounter in the course of their work:
