Contrary to what many people think, a hidden defect is not necessarily a defect that was deliberately hidden by the seller of the building. As it is stipulated in the Quebec Civil Code (art. 1726), it is a defect that a prudent and diligent buyer could not discover during an examination, without being assisted by an expert.
Generally, problems of foundation, French drains and water infiltration are considered as hidden defects. This is particularly the case when we are faced with finished basement. Indeed, the finishing elements (gyproc walls, floating floors) can easily hide foundations problems.
However, the defect may become apparent in the case where the signs of the problem can be observed by a prudent and diligent buyer. The presence of efflorescence on foundation walls and floor slabs, stains, and mold on baseboard finishings are clues that reveal the presence of a disorder and make the defect apparent.