Before finalizing the purchase of a house, condo, or rental property, it is strongly recommended to carry out a pre-purchase inspection. This step, often included in the offer to purchase, is designed to protect the buyer. It also makes it possible to detect visible issues that could affect the value or safety of the property.

Why inspect a property before buying?

The law does not require you to hire a building inspector. However, it does impose on every buyer a duty of prudence and diligence. This duty means you must identify the apparent defects of a property before purchasing it otherwise, you could be accused of lacking vigilance.

Thus, a pre-purchase inspection becomes an indispensable tool, especially if you lack construction expertise. It is even more useful for older properties. The inspector can identify problematic elements that are often invisible during a simple visit.

In addition, a pre-purchase inspection report can sometimes be used to renegotiate the price or withdraw an offer. This is possible when major defects are discovered.

However, a pre-purchase inspection is not a guarantee against hidden defects. The inspector performs a visual inspection only, without opening walls or dismantling equipment. Their role is to detect signs of potential problems (water infiltration, cracks, poor insulation, etc.) and recommend further checks if necessary.

Finally, all these elements must be recorded in a written report. You can then use this report to guide your decision or negotiate certain conditions.

The inspector’s role

Building inspectors are not members of a professional order. However, they must hold a certificate issued by the Régie du bâtiment du Québec (RBQ). This requirement helps ensure minimum competence and compliance.

The service contract : a document not to overlook

Before carrying out the inspection, the inspector must give you a written service contract. This document specifies the inspector’s contact information, their RBQ certificate number, information about their insurer, and the full address of the building to be inspected.

The contract also specifies what is included in the pre-purchase inspection and what is excluded. For example, certain specialized systems or areas that are not accessible may not be inspected. This clarification helps avoid misunderstandings and allows you to better understand the scope of the service.

Conclusion

Having a property inspected before signing the deed of sale provides essential protection. A pre-purchase inspection allows you to buy with full knowledge of the facts, negotiate based on the findings, and avoid many disputes. It also reduces the risks associated with non-apparent defects.

If you have discovered defects after the purchase or if the pre-purchase inspection appears to have been poorly performed, our firm can help. We can analyze your situation, determine your remedies for hidden defects, and assess the responsibilities or obligations of the seller and inspector. For a complete legal opinion and to protect your rights, contact our team or visit our page on real estate law.