When Does the Period of Extinctive Prescription Begin? The Case of a Lawsuit in 2009 for a Sale in 1979


November 4, 2016 Real Estate and Construction

Mtre Sabrina Saint-Louis, Lawyer

This post, published on Éditions Yvon Blais’ blog on latent defects on August 8, 2016 (FR), reminds us that the prescriptive period only begins when the buyer has sufficient information to proceed with the notification and not as of the discovery of the first signs if said signs only lead to mere hypotheses.

Specifically, the Court of Appeal’s judgment in Dupuy v. Leblanc (Full Text | Fiche Quantum), rendered in July 2016, reminds us that it is necessary to differentiate between the discovery of signs that only lead to unconfirmed hypotheses and the obtaining of sufficient information to allow for identifying the source or cause of the prejudice suffered and for the buyer to notify the seller of the defect discovered.

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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