Even when made in good faith, an inaccurate, false, or erroneous statement can turn an apparent defect into a latent defect for the purpose of the law’s application

This post, published on Éditions Yvon Blais’ blog on latent defects on April 17, 2018 (FR), discusses the judgment in Wilhelm Ahlfors v. Crevier (Full Text | Fiche Quantum), in which the Superior Court reiterated, in 2016, that an apparent defect can become a latent defect when the seller makes specific representations as to the absence of any defects, even when these representations are made in good faith.

In this judgment, the Court reminds us that an apparent defect can become a latent defect, for the purpose of the law’s application, if the seller makes specific representations that the corrective work he undertook fully corrected the issue, which can be likened to a contractual warranty for the buyer, when in fact, it is but a false sense of security. In such cases, it is not necessary to allege or demonstrate the seller’s bad faith or malicious intent when making these specific representations.    

An inaccurate statement or a specific representation that proves to be false may, even when made in good faith, turn an apparent defect into a latent defect for the buyer, therefore allowing him to invoke the legal warranty of quality against latent defects.