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Real Estate and Construction Law

Court decisions are full of instances where a buyer who sues for non-conformity of the building he has purchased wins the case. However, caution must be exercised when determining whether a seller has actually breached its obligation under article 1725 of the Civil Code of Québec to warrant an immovable free of public law limitations.

In 2017, a judgment of the Court of Québec (Bélanger v. Girard 2017 QCCQ 8762) recalled, among other things, that the presence of a specific clause in the deed of sale by which the buyer declares that he has verified with the competent authorities that the destination he intends to give to the immovable is in conformity with the laws and regulations in force can defeat a claim for public law limitations.

The purchase of an immovable is an important investment for everyone. If you have any questions about the deed you are signing, it is better to answer them sooner than later!

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