What is a hidden defect?

Under section 1726 of the Civil Code of Quebec, there are four characteristics of a hidden defect. First, the defect must be serious. It must be so serious that, if the buyer had known before purchase, he would not have purchased the property or he would have bought it at a lower price. Second, the vice was to be unknown to the buyer at the time of the sale. Third, the defect must be "hidden", i.e. not apparent at the time of the sale. An apparent defect is a defect that is perceived by a prudent and diligent buyer without recourse to an expert. Fourth, the defect must be prior to the sale, i.e. the fault must be present before the buyer takes possession of the property without necessarily having manifested.