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Formal notice (mise en demeure) for a latent defect

A latent defect (vice caché) is a serious flaw that already existed at the time of the sale, that you could not have detected as a prudent and diligent buyer (without resorting to an expert) and that renders the property unfit for its use or seriously diminishes its usefulness (art. 1726 C.C.Q.). Had it been known, you would not have bought, or not at that price.

The law sets one step you must not miss: giving the seller notice of the defect in writing, within a reasonable time after discovering it (art. 1739 C.C.Q.). This demand letter does exactly that: it dates your notice and puts the seller on formal notice to act. Fill in the template below and send it with proof of receipt.

House or condoUsed vehicleRoof, foundation or plumbingItem bought from a private seller

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Your first and last nameYour full addressRecipient's first and last nameRecipient's addressDescription of the property boughtPurchase dateDate you discovered the defectDescription of the latent defectDescribe the defect, where and when you discovered it.What you are asking forTime allowed10 days is generally considered reasonable; shorter in an emergency.Your phone numberYour email

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your first and last name your full address today's date WITHOUT PREJUDICE recipient's first and last name recipient's address Re: Formal notice (mise en demeure): notice of a latent defect Dear Sir or Madam, On purchase date, I bought description of the property bought from you. On date you discovered the defect, I discovered the following latent defect: description of the latent defect. This defect was unknown to me at the time of the sale, it was not apparent, and it renders the property unfit for the use I intended, or seriously diminishes its usefulness. Under article 1726 of the Civil Code of Québec, the seller is bound to warrant that the property sold is free of latent defects. Article 1739 also requires me to give you notice of this defect in writing within a reasonable time after discovering it, which I am doing by this letter. BY THIS DOCUMENT, I HEREBY GIVE YOU FORMAL NOTICE (MISE EN DEMEURE) to what you are asking for, within time allowed of receipt of this letter. Should you fail to act within the time allowed, I will file, without further notice or delay, an application with the competent court for the amount at stake (Small Claims Division, Court of Québec or Superior Court) to enforce my rights under the legal warranty of quality (repair, a reduction of the price or annulment of the sale), together with damages, the whole without prejudice to my other rights and recourses. Please govern yourself accordingly. your first and last name your phone number your email

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$14.99 · Less than registered mail, with proof of content and receipt · Conforms to the LCCJTI

General information template: Locato is not a law firm and does not provide legal advice.

What the law says

Art. 1726 C.C.Q.

The seller must warrant that the property is, at the time of the sale, free of latent defects that render it unfit for its intended use or so diminish its usefulness that the buyer would not have bought it or paid so high a price; a defect known to the buyer or an apparent one is not covered.

Art. 1728 C.C.Q.

If the seller was aware or could not have been unaware of the latent defect, they are bound, in addition to restoring the price, to repair the injury suffered by the buyer.

Art. 1729 C.C.Q.

In a sale by a professional seller, a defect is presumed to have existed at the time of the sale where the property malfunctions or deteriorates prematurely compared with identical property or property of the same type.

Art. 1739 C.C.Q.

A buyer who ascertains the defect must give the seller notice in writing within a reasonable time after discovering it; the seller may not invoke tardy notice if they were aware or could not have been unaware of the defect.

Frequently asked questions

What is a latent defect in the eyes of the law?

It is a serious defect that predates the sale, is unknown to the buyer and is not apparent (art. 1726 C.C.Q.). It must render the property unfit for its use, or so diminish its usefulness that you would not have bought it or would have paid less. A defect that a prudent and diligent buyer could notice without an expert is not latent.

How long do I have to give notice of a latent defect?

You must give the seller notice in writing within a reasonable time after discovering it (art. 1739 C.C.Q.). Where the defect appears gradually, that time runs from the day you could have suspected its seriousness and extent. The seller may not invoke tardy notice if they were aware or could not have been unaware of the defect.

Do I need a lawyer?

No. Anyone can write and send their own demand letter, which has the same legal value as a lawyer's letter. A lawyer's help is still recommended for a complex dispute or a large amount.

What can I ask the seller for?

Depending on the situation: repair of the property, a refund (restoration of the price), a reduction of the price, or annulment of the sale. If the seller was aware of the defect or could not have been unaware of it, they are also bound to repair the injury you suffered (art. 1728 C.C.Q.).

What if the seller refuses or does not respond?

Once the deadline has passed, file an application with the competent court: the Small Claims Division of the Court of Québec for an amount of $15,000 or less, otherwise the Court of Québec. Your demand letter and its proof of sending are then among your most important documents.

Can I send this demand letter by email?

Yes. Quebec's Act to establish a legal framework for information technology (LCCJTI) recognizes the transmission of documents by technological means, and a certified email service produces timestamped proof of it. It is important that the recipient use email as a usual means of communication.