Everyone wants to buy real estate, whether it be revenu property or a single family home, but along with some of the other things most people worry about “Vice Caché’s” are amongst the most typical worry that a buyer or a seller can have when selling their property.
Obviously as a buyer, when purchasing a home, you do all the due diligence you can.. Expertise tests, Professional inspections and so on! As a seller you try your best to upkeep the home and make sure there is no surprises… But what happens if something was not apparent and how do you know what a hidden defect really is? ‘ take a deep dive into the world of hidden defects.
What is a “Defect” 
A defect is an issue or irregularity that affects the quality of a property. A significant defect means that the properties value has been affected and its usage cannot fully be enjoyed by the new owner.
When buying a home, the law protects the buyer and states that if the issue found in the home is serious enough to have made the buyer rethink his purchase entirely if they had known about it at the time of purchase. This is a hidden defect, and that is when things get scary for all parties involved 
What Constitutes a “Hidden” Defect?
A defect is considered hidden if it meets the following 3 criteria:
• It is not apparent or noticeable and cannot be seen during a simple examination (home inspection).
• The buyer did not know about it when purchasing the property.
• It existed at the time of the purchase.
It is important to note that, even though the seller did not know about a hidden defect at the time of the sale, they are still responsible for it.
Now that we properly understand what a defect is, and what a hidden defect means, we know enough to be able to make an informed decision before contacting a lawyer or calling out the previous owner.
Sometimes, As a broker we get calls about things such as burnt lightbulbs, small chips in the countertops or an appliance that isn’t working properly anymore. Of course we don’t mind guiding our clients through the steps necessary to get these minor issues resolved but it is also important to know that these are not hidden defects.
The best advice we can give as your brokers is to understand that not everything is perfect. Sometimes when you get the keys to your new home, it is completely empty and looks a little worst than it did originally. This can be shocking as it should be a happy moment for you, but also isn’t a reason to panic.
If you do however encourt a major issue with the home, that seems it was hidden or not apparent at the time of purchasing, it is important to inform the broker you are working with, as well as a real estate lawyer to obtain advice and consultation.
We hope it never happens, but if it does, we stand beside you through the tough times.
