Whether you’re buying your first home or selling the family duplex, the words “latent defect” can quickly turn a dream deal into a nightmare. And while the concept seems simple, the confusion around it is anything but.

Let’s clear things up.

❌ Misunderstanding #1: “If I didn’t see it, I can sue for it.”

Not quite.
To qualify as a latent defect, it must be:

• Hidden (not visible on reasonable inspection)
• Serious enough to affect value or use
• Existing before the sale
• Unknown to the buyer and not disclosed

Just because it’s unpleasant doesn’t mean it’s actionable.

❌ Misunderstanding #2: “Selling without legal warranty means I’m totally off the hook.”

Wrong again.
Even a no-warranty sale doesn’t protect a seller who knew about a serious defect and failed to disclose it. That’s considered bad faith—and courts don’t like that.

❌ Misunderstanding #3: “The inspector should have caught it, so I have no case.”

Not necessarily.
Inspectors look for visible and accessible signs. Many latent defects (like hidden mold, cracked foundations behind drywall, or non-compliant wiring) don’t show up in routine inspections.

❌ Misunderstanding #4: “We’re headed straight to court!”

Hold up.
Most latent defect disputes don’t need to end in litigation. Mediation or Arbitration can resolve the problem faster, cheaper, and with less stress—often leading to practical solutions like repairs, compensation, or partial reimbursement.

❌ Misunderstanding #5: “The notary handles all of this.”

Nope.
Your notary makes sure the sale closes legally—but they don’t inspect the home, assess risk, or handle post-sale defects. That’s on you. Knowing your rights and being proactive makes all the difference.

✅ Bottom Line?

Latent defects are tricky—but not impossible.
Know your rights. Know your responsibilities.
And don’t go straight to war when a conversation might do.

🔍 Have a question about a potential latent defect?
Let’s talk. Visit montreal-mediation.com to book a free intro call.