By Sandra Lando, Julie Djiezion
For several years, there have been calls by some associations, including the Québec Association of Building Inspectors, for oversight of the work done by pre-purchase inspectors. On June 12, 2018, they resulted in the introduction of the Act mainly to improve the quality of buildings, the regulation of divided co‑ownership and the operation of the Régie du logement. If that bill is enacted as it is now written, it will allow the Régie du bâtiment du Québec to regulate the exercise of building inspector functions, in particular by issuing certificates for engaging in the occupation of inspector and by requiring the purchaser of a building to have it inspected prior to purchase in certain cases.
We will take this opportunity to provide an overview of the obligations of pre-purchase inspectors and cases where the buyer or seller may be liable notwithstanding the pre-purchase inspection.