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Frequently asked questions
Neolegal's lawyers are all members in good standing of the Quebec Bar. They are chosen on their ability to provide the best advice quickly and easily.
In the law of the sale of property (real estate, personal property, or movable property), a hidden defect is a fault of the property which could not have been discovered by a reasonably thorough inspection prior to the sale.
According to the Civil Code of Quebec, the four criteria to be respected in cases of hidden defects are:
- The defect must be hidden.
- It must not be known to the seller.
- It must be affect the quality of the property.
- it must exist before the sale.
To learn more, feel free to read our articles on hidden defects.
In the demand letter for hidden defects, there is the notice of denunciation, which is a step prior to a recourse wherein the seller is invited to come inspect the defect(s) and to carry out repairs or an evaluation by an expert of their choice.
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Your opposing party will have a pre-set deadline, as defined in the demand letter, to respond to your request. They can either agree to do what you ask, contact you to negotiate, refuse your request, or in some cases, ignore it. Do not worry, as several options are available for you in this case. Do not hesitate to contact Neolegal to discuss them.
Yes, of course! You can choose the option of sending by registered letter when making your purchase, or you can speak to your lawyer if you prefer to have the demand letter delivered by a bailiff. The fee for bailiff services will depend on the location of your opposing party.
A bailiff is a ministerial officer responsible for serving letters, court decisions, or extrajudicial documents. Sending a demand letter with a bailiff may increase credibility to your request.
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