Under the
Civil Code of Quebec, a latent defect is a defect that renders a property unfit for the use for which it was intended or which so diminish its usefulness that the buyer would not have bought it or paid so high a price if he had been aware of them. A defect is not qualified to be latent if it is known to the buyer or if it could be perceived by by a prudent and diligent buyer without the need to resort to an expert. Therefore, a latent defect must not be apparent and a careful examination shall not be enough to detect it.
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