A buyer, Mr. Dubois, purchases a duplex in Sherbrooke through broker Isabelle. Three months after moving in, a major structural defect is discovered in the foundation that was not detectable at the time of purchase, despite a thorough pre-purchase inspection. Mr. Dubois believes the seller knew about it and did not disclose it. Which type of defect is this, and what action should Mr. Dubois consider?

Question: A buyer, Mr. Dubois, purchases a duplex in Sherbrooke through broker Isabelle. Three months after moving in, a major structural defect is discovered in the foundation that was not detectable at the time of purchase, despite a thorough pre-purchase inspection. Mr. Dubois believes the seller knew about it and did not disclose it. Which type of defect is this, and what action should Mr. Dubois consider?

Answer options: ✅ This is a latent defect; Mr. Dubois should seek legal advice to pursue a reduction in the purchase price or cancellation of the sale against the seller.

• This is an apparent defect; Mr. Dubois waived his right to recourse by having a pre-purchase inspection performed.
• This is a hidden defect; Mr. Dubois should file a complaint with the OACIQ against broker Isabelle for not discovering it during her observations.
• This is a minor defect; Mr. Dubois should hire a contractor to repair it and absorb the cost, as it's common in older properties.

Correct answer: This is a latent defect; Mr. Dubois should seek legal advice to pursue a reduction in the purchase price or cancellation of the sale against the seller.

Explanation: According to Articles 1726 and 1727 of the Civil Code of Québec, a latent defect (or hidden defect) is one that is unknown to the buyer at the time of sale, is serious, and pre-existed the sale. The buyer must generally send a denunciation and then may pursue legal recourse against the seller for a reduction in price or cancellation if the conditions are met.