Quebec real estate glossary · French to English
Vices cachés = Latent defects. Vices cachés are latent defects in English. The definition is in article 1726 of the Civil Code of Quebec, which exists in an official English version.
En bref, en français : « Vices cachés » se dit latent defects en anglais. La définition officielle vient de l'article 1726 du Code civil du Québec, qui existe en version anglaise.
Article 1726 of the Civil Code of Quebec, English version, says the seller "is bound to warrant the buyer that the property and its accessories are, at the time of the sale, free of latent defects which render it 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."
That is the whole test, and it is why the English word matters: a latent defect is one you could not see. The same article draws the line explicitly.
Latent versus apparent
The Code continues: the seller is not bound to warrant against "any latent defect known to the buyer or any apparent defect; an apparent defect is a defect that can be perceived by a prudent and diligent buyer without the need to resort to an expert."
So a crack you can see from the driveway is apparent. A foundation problem that only a specialist would find is not. This is exactly why a pre-purchase inspection matters: it changes what counts as apparent.
The words you will hear
- Latent defect: the standard legal term, and the one used in the Code.
- Hidden defect: common in conversation, not the term used in the English Code.
- Legal warranty: the protection itself, which a sale can be made without.
Say it in a sentence
The word on its own is rarely the problem. These are the sentences you will actually hear, and what they become in English.
| Vous entendrez | In English |
|---|---|
| Le vendeur a déclaré un vice caché. | The seller disclosed a latent defect. |
| C'était visible, donc c'est un vice apparent. | It was visible, so it is an apparent defect. |
| La propriété est vendue sans garantie légale. | The property is sold without legal warranty. |
The mistake we see most often
The mistake is assuming that anything you did not personally notice counts as latent. Article 1726 sets the standard at a prudent and diligent buyer, not at you on a twenty minute visit. A stain on a basement wall that any careful visitor would have questioned is unlikely to be treated as hidden. This is precisely why the inspection is the cheapest insurance in the transaction.
Where this fits in a Quebec transaction
Buying or selling in Quebec means signing documents that exist in both languages, written under civil law rather than common law. A word-for-word translation is sometimes right and sometimes actively misleading. The full list is in our Quebec real estate glossary, French to English.
Related terms
- our full guide on vices cachés
- latent defects, in English
- legal warranty in English
- pre-purchase inspection in English
Questions we get asked
What are vices cachés in English?
Latent defects. The term appears throughout the official English version of the Civil Code of Quebec, notably at article 1726 on the warranty of quality.
What is the difference between a latent and an apparent defect?
Article 1726 defines an apparent defect as one a prudent and diligent buyer could perceive without needing an expert. Anything the buyer could not have seen that way may be latent.
Does the warranty apply to every sale?
Not automatically in every case. Some properties are sold without the legal warranty, at the buyer's risk. That must be stated in the contract.
Published by the Loaa & Manseur team, number one team at RE/MAX Platine in 2024 and 2025. We work in French and in English. Tell us about your project.