Definition
Under Quebec law, the legal warranty against hidden defects only covers defects that were not apparent during an ordinary examination. A defect visible during a normal visit or inspection is presumed known to the buyer.
Principle: the buyer who reasonably examines the property accepts the defects they could have seen. They cannot, after closing, claim for a defect that should have drawn their attention.
Distinction visible defect / hidden defect: - **Visible defect**: present and visible, accepted by the buyer. Examples: scratched floors, walls with cosmetic cracks, worn fixtures. - **Hidden defect**: concealed or undetectable during normal examination. Examples: infiltration behind recent renovation, mold inside walls.
Importance of pre-purchase inspection: the inspector transforms some visible defects into documented information on the property's condition, and can reveal clues of potential hidden defects to investigate further.