REAL ESTATE
and CONSTRUCTION
EXPERTS IN SOLUTIONS
The Impact of a Sale Without Legal Warranty on a Recourse Brought Against a Previous Seller Pursuant to Section 1442 C.C.Q.
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July 3, 2017 Real Estate and Construction
This post, published in Éditions Yvon Blais’ blog on latent defects on June 29, 2017 (FR), discusses the judgment in ING du Canada v. Gervais (Full Text | Fiche Quantum), in which the Court of Quebec reminds us of the state of the law in cases of direct recourses against a previous seller who is not the last seller in the chain of title.
In this judgment, the Court of Quebec cited the principles established by the Court of Appeal in Hay v. Jacques (Full Text | Fiche Quantum) by reiterating that the current owner of the immovable cannot sue a previous seller for latent defects if a sale without legal warranty has occurred since said previous seller sold the immovable.
In other words, a previous seller cannot be sued for latent defects if a sale without legal warranty has occurred at a certain point in the chain of title between the current owner and the previous seller concerned.
This bulletin provides general comments on recent developments in the law. It does not constitute and should not viewed as legal advice. No legal action should be taken on the basis of the information contained herein.
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