A lawsuit for $100,000 due to a mistake by Desjardins

A pair of new owners are being sued for nearly $100,000 in unpaid bills from their condo builder following an error Desjardins made.

“We are the ones who have to pay the subcontractors while the builder walks away with our money. He is very unfair,” denounces Marion Jacquet, a young mother from Montreal.

November 2020 : M^moi Jacquet and his wife, Quentin Giraud, move into their new apartment which they bought off the plan.

The moment is happy. They have found their family nest and think they can raise their two daughters there in peace. But the dream will quickly turn into a nightmare

Eleven visits by bailiffs

A month after they drop off their suitcases, a bailiff knocks on their door with a notice of posting a legal mortgage.

One of the subcontractors who participated in the construction of their building was not paid by the general contractor. He’s suing the new owners to get paid. In default of payment, he has the right to seize the condominium to recover the debts.

In the following months, Mr.^moi Jacquet and Mr. Giraud will receive a total of 11 bailiff visits. They were sued for nearly $100,000.

Default above market

The bill is difficult to digest, especially since they also had to deal with major defects, finance unfinished works and hire a lawyer.

“We have astronomical sums to pay, blows the mother of the family, exhausted by two years of fighting. It’s money we don’t have. We are always stressed. »

However, the story could have been much less tragic. “We thought we were protected by Desjardins,” said Ms.^moi Backgammon.

They had been advised by the authority to deduct 15% of the co-ownership payment up to 35 days after the completion of the works, to cover the legal deadline for the subcontractors to continue. Only the notary never received instructions from Desjardins. And the Financial Security Chamber seems to confirm the adviser’s mistake.

“The facts gathered as part of this investigation establish, in our view, that the relevant representative would have been in default,” he said in an August 2022 letter, of which The newspaper received a copy.

However, Desjardins allegedly refused any mediation or discussion with the buyers.

“We trusted Desjardins and in the end, when we make a mistake, there is no one left”, protests M^moi Backgammon.

“It is an abuse of position, adds Mr. Giraud. They see our accounts, they know we don’t have much money, they tell themselves we won’t attack them. »

Contacted by The newspaperDesjardins declined to comment on the matter.

Experience at the Régie du bâtiment

The developer the couple had been doing business with just filed for bankruptcy.

One of the directors of the company had been denied permission by the Régie du bâtiment du Québec (RBQ). The cessation of the activities of his former company had “had the effect of making it possible to evade the payment of overdue debts”.