Even a Seller’s Misrepresentations Do Not Release a Buyer from His Obligation to Act as a Prudent and Diligent Buyer


September 16, 2016 Real Estate and Construction

Mtre Sabrina Saint-Louis, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on September 12, 2016 (FR), reminds us to be wary of automatic reflexes in cases of a seller’s misrepresentations. Specifically, a seller’s misrepresentations do not automatically transform an apparent defect into a legally latent defect within the meaning of the Law.

Despite the rule that an apparent defect may be legally qualified as a latent defect if the buyer sought to inform himself and the seller misled him with deceptive misrepresentations, the seller’s misrepresentations do not permit a buyer to act imprudently and ignore observable indications/signs of a defect: the buyer’s obligation to act as a prudent and diligent buyer remains.

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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