Real Estate Law and Latent Defects

Real estate is the principal asset into which many people dedicate a substantial portion of their revenue.
It is also the source of disputes such as co-ownership issues, a promise to purchase that is not honoured, or a latent defect. In such situations, it is critical to count on a team of lawyers specialized in real estate law so that a dispute does not escalate and cost you money.

Real-estate transactions

The first and most often occurring litigation disputes we intervene in involve real-estate transactions (the sale and purchase of an immovable):

Non-respected promises to purchase

Whether it involve residential or commercial real estate (for example a lot intended for residential development), non-respected promises to purchase are the cornerstone of actions in execution of title or damage suits.

Latent defects

Latent defect lawsuits make up a large portion of the disputes we deal with concerning Real Estate Law, namely involving:

• Foundations;
• Absence of or a defective French drain;
• Soil causing instability of the building or of the structure of the building itself;
• Soil contaminated by petroleum products or others;
• Etc.

These latent defects frequently have serious ramifications:

• Cracks;
• Water infiltration;
• Mold and mildew;
• Excessive humidity…
• and even the ruin of the building!

Whatever the problem you are facing (red ochre, pyrite, piling, etc.), our lawyers can file suit against your seller for damages or for the annulment of the sale if the defect is of sufficiently serious nature.

Mortgages, Hypothecs & Securities

We are also very familiar with anything in the realm of hypothecs (legal hypothecs — of construction or of a Syndicate of co-owners — or conventional hypothecs), as well as with the realization of these securities (hypothecary remedies, notices of exercise, motions for forced surrender for payment or sale under control of justice, seizures, etc.).

Divided Co-Ownership

Our lawyers have great expertise in the area of divided co-ownership (condos), particularly in disputes arising from the application or the interpretation of a declaration of co-ownership. In this respect, we represent Syndicates of co-owners as well as co-owners themselves.

Seek legal advice based on our sound experience in real estate disputes, as for example:

• Partition of a building held in an undivided co-ownership (including claims of a sum of money owed to any of the co-owners);
• Demarcation and making of property boundaries;
• Fence or hedge encroachment;
• Compliance of a right of way, or any other servitudes;
• Etc.