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What can you do about defects found after closing?

Your position depends on what was disclosed, what you could have discovered on inspection, and the wording of the purchase contract. Undisclosed defects the seller knew about and concealed are treated very differently from problems a reasonable inspection would have revealed. Quebec is notable: its Civil Code provides a latent-defect warranty that is often stronger than common-law protections elsewhere.

What to do next

  1. Document everything immediately

    Photograph the defect, get written professional assessments and repair estimates, and preserve the listing, disclosure statements, inspection report, and all communications with the seller and agents.

  2. Establish what was known and disclosed

    The central question is usually whether the seller knew and failed to disclose, or actively concealed. Prior repairs, insurance claims, and permit records can be revealing.

  3. Get advice quickly — timing matters

    Notice requirements and limitation periods apply, and in some jurisdictions you must notify the seller within a short window to preserve your rights. A real estate lawyer can advise on claims against the seller, agent, or inspector.

Frequently asked questions

Is the seller liable for everything wrong with the house?

No. Sellers are generally responsible for hidden defects they knew of and concealed, not for issues an ordinary inspection would have revealed or normal wear and tear.

What is a latent defect?

A defect not discoverable on reasonable inspection. Quebec's Civil Code provides a specific warranty against latent defects, which often gives buyers there stronger recourse than in common-law provinces or US states.

Can I sue the home inspector?

Possibly, if the inspection fell below a professional standard — though inspection contracts commonly contain significant liability limitations.

How quickly do I need to act?

Promptly. Some jurisdictions require notice to the seller within a short period, and limitation periods apply to any claim. Delay can cost you the right to recover.

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.

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