What to do next
Stop and document before repairing
Photograph and film the defect in place, and get an independent expert report on cause, extent and cost. Repairing first destroys the evidence you need, and is the most common self-inflicted wound in these claims.
Send notice quickly
In Quebec, notice to the seller of a latent defect must be given promptly in writing and generally before repairs — failing to do so can defeat an otherwise strong claim. Get advice on the notice before doing anything else.
Assemble what you were told
The listing, seller property information statement or declaration, all correspondence and your inspection report. The gap between what was represented and what exists is the claim.
Identify everyone potentially liable
Seller, listing brokerage, your own agent, and the inspector — an inspector who missed a visible defect may be liable under their own contract, though those contracts often cap liability tightly.
Frequently asked questions
Doesn't 'buyer beware' end my claim?
Not for hidden defects. In Quebec the Civil Code warranty of quality protects buyers against latent defects. In common-law provinces you generally need concealment, misrepresentation, or a defect that renders the property dangerous or uninhabitable.
Should I just fix it and send the bill?
No — repairing before notice and expert evidence is the most common reason these claims fail, and in Quebec can bar the claim outright.
Can I sue my home inspector?
Sometimes, if a reasonably competent inspection would have found it. Read the inspection contract first: liability limitations are standard and often severe.
How long do I have?
Limitation periods apply and, for latent defects, generally run from discovery rather than closing. Confirm yours quickly — delay itself can be fatal in Quebec.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.