Quebec Latent Defect Law — The Most Important Thing Montreal Sellers Need to Know
Quebec's Civil Code imposes strict liability on sellers for latent defects — hidden problems that existed at the time of sale that the buyer could not have discovered through a normal inspection. Unlike most provinces and US states, Quebec sellers can be sued for latent defects for up to 3 years after closing, even if you didn't know about the defect.
What Is a Latent Defect?
A latent defect is a hidden problem that:
Examples: hidden water damage, foundation cracks behind walls, defective electrical systems hidden in walls, inadequate insulation not visible without testing.
How to Protect Yourself
Disclose everything you know. Complete the OACIQ Declaration by the Seller of the Immovable thoroughly. For any known defect, document it, disclose it in writing, and adjust your price accordingly.
Consider a pre-sale inspection. Hiring an inspector before listing identifies issues that could become latent defect claims. Fix what you can; disclose what you can't.
"As-Is" sales. You can sell "as-is" (sans garantie légale) with the buyer waiving legal warranty — but this requires explicit written agreement and typically means a lower price. Courts have ruled that selling as-is doesn't excuse fraud.
OACIQ Declaration
The OACIQ (Quebec real estate regulator) form covers: structural, mechanical, environmental, flooding history, municipal orders, easements, and more. Complete it in French (or bilingual French/English). Your notary will review it at closing.
Download the OACIQ Declaration form at byownerhub.com/montreal#disclosures.