The Cost of Experts’ Assessments, Interest, and the Additional Indemnity Must Not Be Considered in Evaluating the Reasonableness of the Sale Price’s Reduction


January 9, 2017 Real Estate and Construction

Mtre Sabrina Saint-Louis, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on January 4, 2017 (FR), which discusses the judgment in Paiement v. Archambault (Full Text | Fiche Quantum), answers an interesting question regarding the reduction of the sale price: when it comes time to evaluate the reasonableness of the reduction of the sale price claimed by the buyers, must we also consider the additional amounts that can be granted as reimbursement of expert fees, interest, and the additional indemnity?

The Court of Appeal responds to this question in the negative and indicates that experts’ fees, interest, and the additional indemnity granted by the trial court must not be considered when evaluating the reasonableness of the price reduction granted with respect to the price paid.

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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