DENUNCIATION CHART

PRINCIPLE

The mandatory nature of a disclosure[4][5]:

Prior to initiating a recourse to protect your right to a guarantee of quality, as a buyer, you are required to send a disclosure to that effect.

According to article 1739 CcQ, even if the seller is aware or is presumed to be aware of the presence of a latent defect, the lack of a proper notice has disastruous implications for the buyer’s eventual recourse.

The seller has the right to receive a written notice stating the issue, even if he or she is aware or is presumed to be aware of the presence of a latent defect.

The buyer must send the seller this notice prior to starting any renovations.

EXCEPTIONS

A discolure is not required in the following cases[2][3]:

1. An emergency.

2. The absence of responsability on behalf of the seller pertaining to the presence of the defect.

3. Should the seller explicitely or implicitely renounce his right to receive a disclosure.

The absence of a disclosure prevents the seller from establishing the presence of a defect in order to proceed with the necessary repairs.[3][4]

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The absence of a disclusore prevents the seller from taking the necessary steps to repair the defect in a more cost-efficient manner.[3][4]

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The buyer’s recourse will be rejected ONLY IF the omitted notice prevented the seller from establishing the presence and extent of the defect according to which he or she would have made the necessary repairs.[3][4]

Consequently, either the quantification of damages will be reduced OR the price reduction will suffer a downward adjustment.[3][4]