Article 1739 C.c.Q.: Written Notice of a Latent Defect

A buyer who ascertains that the property is defective shall give notice in writing of the defect to the seller within a reasonable time after discovering it. Where the defect appears gradually, the time begins to run on the day that the buyer could suspect the seriousness and extent of the defect. The seller may not invoke the tardiness of a notice from the buyer if he was aware of the defect or could not have been unaware of it.

Civil Code of Québec, art. 1739 C.c.Q.

What this article means

Article 1739 imposes a step the buyer must not skip: giving the seller written notice of any defect they ascertain, within a reasonable time after discovering it. This written notice is a condition for exercising the warranty of quality (article 1726). Skipping it or delaying it can compromise the claim.

The article sets the starting point of the time limit where the defect appears gradually: it runs from the day the buyer could suspect the seriousness and extent of the defect, not necessarily from the first signs. This rule accounts for defects that reveal themselves progressively. What counts as a "reasonable" time is assessed on the circumstances of each file.

The second paragraph adds an important nuance: the seller cannot invoke a late notice if they were aware of the defect or could not have been unaware of it. In practice, the written notice (which a formal demand lets you formalize) serves both to meet this legal obligation and to precisely date when the seller was informed.

What it means for you

If you are the buyer

This article concerns the buyer of property, not the tenant: it deals with the relationship between buyer and seller. If you bought a property and discovered a latent defect, you must give the seller written notice within a reasonable time after ascertaining it.

Where the defect reveals itself gradually, the time runs from the day you could suspect its seriousness and extent. Don't wait: send a written notice describing the defect, and keep proof that it was sent and received, because this document conditions your claim.

If you are the seller

If you bought a building and ascertain a latent defect, article 1739 requires you to give the seller written notice within a reasonable time after discovering it. This step is essential: without it, your warranty claim can be compromised.

A formal demand for a latent defect accomplishes exactly this notice: it describes the defect, dates its discovery, and puts the seller in default. Send it by a means that proves receipt. Note that the seller cannot hold a delay against you if they were aware of the defect or could not have been unaware of it.

Related articles

• Article 1726 C.c.Q.: Warranty Against Latent Defects
• Article 1728 C.c.Q.: Seller Who Knew of the Defect: Damages
• Article 1729 C.c.Q.: Presumption of Defect Against a Professional Seller