Definition : Latent defect

Construction defect sufficiently serious as to render an immovable unfit for the use for which it was intended or which so diminish its usefulness that the buyer would not have bought it, or not have paid so high a price, if he had been aware of them known This type of defect must be non-apparent, unknown to the buyer and exist at the time of the acquisition of the immovable. It must be declared to the seller within a reasonable timeframe, from the discovery of the defect.

WHAT YOU SHOULD KNOW! A syndicate of co-owners may bring an action based on a hidden defect, even concerning private portions, if it has obtained the authorization of the co-owners concerned. In addition, in the case of a syndicate of co-owners, the lack of diligence in instigating a recourse is assessed, as of the day a new board of directors was elected after the loss of control of the developer upon the syndicate.

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