Real Estate Law and Latent Defects

Real estate is the principal asset into which one dedicates a substantial portion of their revenue.
It is also the main source of litigation involving:

• Divided co-ownership disputes;
• Non-respected promises to purchase;
• Latent defects;
• Construction disputes.

In such situations, it is critical to count on a team of lawyers specialized in real estate law to avoid a legal dispute and money loss.

Real-estate transactions

The first and most often occurring litigation disputes we intervene in involve the following:

Non-respected promises to purchase

Whether it involve residential or commercial real estate, 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;
• Contamination;
• Absence of or a defective French drain;
• Structural defects;
• Etc.

These latent defects frequently have serious ramifications:

• Cracks;
• Water infiltration;
• Mold and mildew;
• Ruin of the building.

Whatever the latent defect may be, our lawyers can file suit 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 securities, prior claims, mortgages and hypothecs, namely:

• Legal hypothecs of construction;
• Legal hypothecs of a Syndicate of co-owners;
• Legal hypothecs of the State;
• Conventional hypothecs.

Our firm can also assist you in the realization of securities (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 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.