ClickCease I Sold My House and I'm Being Sued | Ponce Avocats

You sold your house and a hidden defect was discovered?

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  • Ponce Avocats
  • April 19 2023

After selling your property, the buyer claims to have discovered a hidden defect. You then wonder if he is entitled to make such a claim and if what the buyer asserts really constitutes a latent defect.

Actions to take in a latent defect lawsuit

Know the facts

It is important to take note of the information provided by the buyer, but do not rush to take a position immediately.

Determine if it really is a latent defect

For a defect to be considered a latent defect, it must predate the sale and not be apparent upon reasonable inspection of the property prior to purchase. If the defect is known to the buyer before the purchase or if it is minor, it cannot be considered a hidden defect.

To take a position

If you agree to proceed with the repairs, you will need to contact a legal professional for proper advice. If you deny your responsibility, your response must be carefully drafted so as not to prejudice any legal action brought against you.

Respond to buyer

Regardless of the situation, it is important to create an atmosphere conducive to negotiation and the search for a solution. A legal professional can help you draft a response adapted to the context of your file while taking into account your rights and obligations.

Consult a latent attorney today.

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