Roof and latent defect: when a leak becomes a claim in Quebec

Buying · Latent defect · Roof

The seller will answer that the roof was its age. That is often true, and it is not the end of the discussion: what matters is what was hiding under the shingles.

A roof that leaks after closing is not automatically a latent defect. Article 1726 of the Civil Code of Quebec requires a defect that was not perceivable by a prudent and diligent buyer without the need to resort to an expert, serious enough to render the property unfit for its use or sharply diminish its usefulness, present at the time of the sale, and unknown to the buyer. A visibly aged roof, flagged as such in the inspection report, fails the first test: the buyer knew. What does remain a latent defect is rotten decking under recent shingles, a concealed repair, a membrane installed without flashing, or missing ventilation destroying the structure from the inside, because no viewing would have revealed any of it.

Wear or defect: the first question

A roof covering has a service life, and a prudent and diligent buyer has to account for it. Our page on a roof at the end of its life explains how those spans are read by type of covering.

If the roof had visibly done its time, if the inspection report flagged it, or if the declarations by the seller form gave its installation year, the problem was foreseeable, and article 1726 excludes both the apparent defect and the defect known to the buyer.

What stays hidden under a roof

• The decking. The plywood or planks under the shingles cannot be seen from outside. Decking rotted by an old infiltration is a textbook latent defect.
• The structure. Sagging trusses, split rafters, bracing removed during an attic conversion.
• Ventilation. A poorly ventilated attic accumulates moisture and degrades the framing from the inside. That is invisible from the ground and often from the hatch as well.
• Flashing and junctions. Chimney, dormers, adjoining walls: these are where most leaks actually start, and they are easy to mask with sealant.
• Layered shingles. Shingles laid over old ones to avoid a tear-off hide the real condition of the deck and speed up degradation.
• Flat roofs. A membrane at the end of its life, open seams or a blocked drain are hard to see and expensive to fix.

The steps, in order

1. Photograph the leak inside while it is active, and the attic if access is safe.
2. Do not replace the roof right away. A tarp or a temporary repair protects the building without destroying the evidence.
3. Give written notice to the seller and invite him to come and see, as article 1739 requires.
4. Bring in a roofer or an expert who will document the condition of the decking and the structure once a few courses are lifted, with dated photos.
5. Get a number with two or three separate quotes.

The question of the price paid

A point sellers raise often: if the roof had ten years of service life left and has to be redone, the injury is not the full cost of a new roof, it is the value of what was lost. That reasoning is normal when assessing damages, but it does not apply the same way when the problem comes from defective workmanship or concealment rather than age.

If you are the seller

If the roof was redone, keep and hand over the invoice, the roofer's name and the warranty. If it is original, write that down. An installation year recorded in the declarations by the seller form turns a disputed zone into a fact known to the buyer, and costs far less than a claim. See the declarations by the seller form.

Frequently asked questions

The inspector did not go up on the roof. Is that a problem?

It is common and often provided for in the contract, for safety or slope reasons. It does not deprive you of your claim against the seller. It may raise the inspector's liability if his mandate called for an examination he did not perform. See who pays for a latent defect.

The seller had it repaired without an invoice. Does that count?

Very much. A previous undisclosed repair establishes both the anteriority of the problem and the seller's knowledge, which opens article 1728 and defeats the late-notice defence in article 1739.

How long do I have to act?

Written notice within a reasonable time after discovery, and a claim within three years. See the latent defect deadlines.

The latent defect file: the four tests, the deadlines, the formal notice, the proof, the expert report, the six steps, small claims court, who pays, the seller who did not know, older homes, water infiltration, the roof, the inground pool and the septic system and the well.

Our sources

Every article quoted here is reproduced from the official English text of the Civil Code of Quebec and the Code of Civil Procedure published by Légis Québec, both read on September 11, 2026. We give the article numbers so you can read them yourself. We are real estate brokers, not lawyers: we can tell you what the law provides and what your transaction left behind as evidence, but the analysis of your file belongs to a lawyer. When the amount at stake runs past a few thousand dollars, that call happens before the formal notice, not after.

Our proof, not our promises

The Loaa & Manseur team, led by Lotfi Manseur and Loaa Al Daow, is the number 1 team at RE/MAX Platine in 2024 and 2025, 6th RE/MAX team in Quebec, 15th in Canada and in the global top 50 of large residential teams according to the official RE/MAX ranking, computed on actual transactions. Its Google profile counts more than 220 reviews with a 4.9 rating. Its offices are at 55 avenue de l'Équinoxe in Brossard, one bridge from the island, and every broker's licence can be checked in the OACIQ public register. Three things to verify yourself before calling us, and to demand of any other broker.

Also available in French: version française de ce guide.

Published September 7, 2026 by the Loaa & Manseur team, the number 1 team at RE/MAX Platine in 2024 and 2025, 6th RE/MAX team in Quebec, 15th in Canada and in the global top 50 according to the official RE/MAX ranking. Tell us about your project.