Moussa has just obtained his driver’s license at the age of 20.
He has also just graduated from college after three years of hard work.
Proud of their son, Moussa’s parents recently made good on their promise to give him a cheque for $5,000.00 so that he could buy his first car, at his own expense.
After scouring classified ads and websites such as Kijiji, Moussa finally found the gem he was looking for: a red 2004 Ford Mustang for $6,500.00.
What luck!
Fortunately, over the past few summers, he had managed to save a not inconsiderable sum of $2,500.00, which was to help cover the initial costs.
Moussa contacted the current owner, Mr. Kirouac, to arrange a time and place to meet for a vehicle inspection and transfer of ownership.
On the day of the meeting, the young boy, satisfied with his inspection and eager to show off his new find to his friends, reached an agreement with Mr. Kirouac and handed him a cheque for $6,500.00.
They then shake hands in gratitude.
A few weeks later, Moussa received a call from the bank.
The representative explained that Mr. Kirouac had given his Ford Mustang as collateral for a personal loan.
As he was in default, she added that unless Moussa repaid the loan, which amounted to $10,000.00, she would be obliged to do whatever was necessary to have the car seized.
Did you know that there are important steps to follow when buying a used car from an individual?
Moussa should have checked with the Registre des droits personnels et réels mobiliers (RDPRM) to make sure there were no debts or encumbrances on the used car before buying it.
If there is a debt or charge on the car, the bank or any other creditor has the right to repossess it, even if you now own it and have no debt yourself.
As for Moussa, all he has to do now is sue Mr. Kirouac for repayment of the sale price.
However, he’ll need some luck, since he’s not even in a position to repay his loan… If you’re facing a situation like this and need advice, you should consult a lawyer.

Adrian owns a large residence which he has lived in with his wife and children for 15 years.
Knowing the importance of good neighborliness, Adrian regularly entertains his neighbors at his home.
Recently, David moved into the residence next door.

When he moved in, David landscaped his backyard and even built a hot tub.
“For those starry summer nights, ideal for partying,” he says.
For the moment, no fence or cedar hedge separates the two neighbors.

A few months later, seeing the added value the renovations would bring to his neighbor’s property, Adrian also decided to redevelop his backyard.
Before starting the work, he called in a land surveyor to establish the true measurements of the land.
To his surprise, he discovered that part of David’s spa was actually on his property.

Did you know that an encroachment on your property can constitute a neighbourhood nuisance?
A neighborhood disturbance is an inconvenience caused by a neighbor.
The law states that the owner can oppose any encroachment or unauthorized use.
In this case, Adrian must first notify David that his spa is encroaching on his property, and may even ask him to move it.
If David was unaware of the encroachment and the situation does not cause him any inconvenience, Adrian can demand that he be paid a sum of money in compensation for the loss of use of this parcel of land.
On the other hand, Adrian could demand that David acquire the part of the land encroached upon by the spa.
The situation would be different if the encroachment caused serious prejudice to Adrian, such as preventing him from accessing his garage: he could then ask David to remove the spa and restore the land.

If you face such a situation and need further advice, you should consult a lawyer.

Jihane has every reason to be proud: last July, she became a homeowner.
After several years, she finally bought the condominium of her dreams.
It’s a large three-and-a-half-bedroom with a balcony overlooking the city skyline.
Although it’s far from new, Jihan, who’s generally good with her hands, isn’t afraid of the challenge of renovation.
In fact, she has set aside a small budget of $2,500.00 for the job.
Last week, however, she was very surprised to find a notice of meeting in her mailbox.
On the agenda: a budget for a special membership fee.
The very same day, Jihan learned that the cost of the project to replace the building’s carpets would be covered by a special assessment of $1,500.00 for each condo unit.
The Board of Directors maintains that they do not wish to dip into their contingency fund.

Did you know that, as a co-owner, Jihane will not be able to object to the special assessment proposed by the Board of Directors?
In fact, at the general meeting, co-owners do not vote on this budget.
They are simply consulted.
They can ask questions, seek clarification, try to obtain answers or comment on the decision.
However, the final decision rests with the Board of Directors, who may or may not take into account suggestions made at the meeting.
As a result, Jihane will receive a notice of dues of $1,500.00, which must be paid within a given timeframe.

If Jihan and other co-owners are dissatisfied with the decision, they can call a co-owners’ meeting to replace or dismiss one or more members of the Board of Directors.
You should refer to the rules set out in your declaration of co-ownership to find out how to call such a meeting and remove the directors.

If you are faced with such a situation or need advice, you should consult a lawyer.

Thrilled by the purchase of their new condo in Laval, Patrick and Monica moved in in April.
The couple settled in and spent the summer decorating their new nest on the top floor of the building.

One autumn afternoon, heavy rain falls and Monica notices traces of water in the ceiling.
The ceiling felt damp to the touch.
She contacted her husband Patrick to inform him of the situation.
By the time Patrick arrives, water has seeped in, causing water damage in the living room and probably damaging the ceiling.

Patrick then contacts Groupe Qualinet, who carry out a post-loss cleanup and inform Patrick that the water infiltration is due to a construction defect in the roof.
Monica and Patrick are unhappy, having just paid $3,000.00 towards the bill, and the problem is only temporarily solved.
They contact the syndicate of co-owners, who tell them that they are not responsible.
According to them, it was a case of force majeure, and the water infiltration was the result of heavy rainfall on the day of the incident.

Did you know that Patrick and Monica have recourse against the building’s syndicate of co-owners for damage caused by water infiltration?
This is a construction defect affecting the “common” part of the building, the roof.
This construction defect damaged the young couple’s condominium, which is a “private” part of the building.
As a result, the couple can claim reimbursement from the syndicate.
The cost will then be shared among all the building’s co-owners.

If you are faced with a similar situation and want to know the chances of success of your recourse, you should consult a lawyer…

For more information, don’t hesitate to contact them at: (514) 326-4553 or toll-free at 1-855-505-1515, or by e-mail at info@brunetassocies.com.

After a long search, Myriam finally found the home of her dreams.
A single-family home, with garage and in-ground pool.
Once the inspection was complete, she signed the deed of sale and moved in with her two daughters.
A year later, all hell broke loose.
While having renovations carried out, she noticed that the house’s foundations were crumbling, that water was seeping into the garage and that the pool was leaking.
Repairs will cost tens of thousands of dollars.
However, these problems had not been brought to his attention at the time of purchase.

These may be hidden defects.
A hidden defect is one that was not apparent at the time of sale, was unknown to the buyer and existed at the time of purchase.

Did you know that Myriam is covered by the warranty against hidden defects?
In other words, it’s protected by law.
This warranty against hidden defects, also known as the “legal warranty of quality”, applies to the building and everything attached to it – in Myriam’s case, the garage and pool.
In principle, the seller is responsible for hidden defects discovered in the immovable, even if he was unaware of them at the time of sale.
Myriam can therefore ask the seller to correct the hidden defect, or obtain compensation to cover the cost of repairs to the building.

To do so, Myriam must notify the seller in writing of the discovery of the latent defect in the building, within a reasonable time of its discovery.

On the other hand, if the contract of sale indicated that it was a sale without a warranty of quality against hidden defects, Myriam would have no recourse against the seller.

If you are faced with such a situation, we invite you to contact us to find out more and protect your rights.

Mr. Kostas and his wife had just made an offer to purchase the Dalton family’s home.
In the document entitled “Declaration by the seller of the building”, the Dalton family ticked “no” to the question “Have you had any knowledge of spills or seepage of liquids in the basement?
Based on these statements, the Kostas family bought the house and moved in a few weeks later.

A few months later, the Kostas family experiences water infiltration in the basement.
They discover that the pump system installed by the Dalton family is inadequate.
Mr. Kostas immediately notifies Mr. Dalton, who says he has no information on the subject.
The Kostas family then contacted their insurer to have him inspect the premises.
Once on site, the adjuster determined that the damage was the result of a latent defect in the building.
The Kostas family mandated Drainage Secours to carry out all the work, at a cost of $12,000.00.

Mr. Kostas is concerned about going to Quebec Court and incurring costs to collect his debt.
Mr. Kostas works 50 hours a week to support his family, and fears he won’t have time to prepare his claim.

Did you know that as of January 1, 2015, the small claims limit will increase from $7,000.00 to $15,000.00?
Mr. Kostas will therefore be able to file a small claims case to assert his rights to $12,000.00 in damages caused by the latent defect.
Although he cannot be represented by a lawyer on the day of the hearing, Mr. Kostas will be able to consult a lawyer beforehand in order to be assisted in his efforts.
This way, when the day comes, Mr. Kostas will know which exhibits to submit and who to call as a witness to prove the latent defect, so that he can recover the $12,000.00.

If you intend to file a small claims claim and feel you need advice, you should consult a lawyer before the hearing, so you’ll be better prepared.