Copperlaw : Hi there
Copperlaw : This is a tad confusing near the end.
Copperlaw : Has the purchase transaction been completed?
Copperlaw : Did you lawyer obtain surveys, searches etc prior to closing?
Copperlaw : Was the lot size described anywhere? Descriptive documents, MLS listings etc
Copperlaw : What does your agent say about this?
My apologies, yes the purchase has completed.
Copperlaw : Do you ave any idea what the cost of the added land will be?
Our lawyer did a title search.
The lot size was indicated and is shown correctly. Obviously we did not measure it out to verify.
Our agent hasn't had much to say. Both agents work for the same office. We brought our agent in on the sale and to list ours after we had already viewed the property with the seller's agent who had the opportunity to disclose what she knew, but did not.
The added costs include approximately $5000 - $6000 in costs for the County, survey and legal. Then about $2000 for the actual purchase price from the neighbour.
I guess the basic question is, as a buyer can you sue the seller's real estate agent for non disclosure of something they had knowledge of, which would have had an effect on our decision to purchase the property.
Copperlaw : the general rule is that there is no legal obligation (moral obligations are different) to disclose information that is readily discoverable by the buyer.
So with that said, our chances in small claims court would be minimal at best?
Copperlaw : This is mostly seen in cases where a buyer declines their right to have a home inspection, only to find later that the roof leaks as the shingles are bad
Copperlaw : As an example
Copperlaw : It was there to be seen, had the buyer done a proper inspection
Copperlaw : Their is an expectation that any buyer will exercise their own due diligence
Copperlaw : Cars, homes, boats etc
Copperlaw : In this case, the size was provided, and therefore readily discoverable
Copperlaw : So yes, your chances would be slim to none
Copperlaw : And you could end up paying their legal costs
Copperlaw : I know it's not what you were hoping to hear
Wow, so a seller can disclose everything and anything to their agent and the agent doesn't have to pass it along and there is nothing you can do about it?
Copperlaw : You could always request a "rebate" of a portion of the commission from the sellers agent, in good faith
Copperlaw : As long as it is there to be seen, yes
Copperlaw : Now morally, that's a different thing, and you'd expect that they'd at least comment on it when you were viewing the yard
So, even though the agent has admitted to everybody she knew about it and still didn't disclose it, that doesn't help us?
Copperlaw : Now Realtors are obligated to conduct themselves with integrity and professionally and if they do jot, they can be subjected to disciplinary action
Copperlaw : Thy are governed by the Real Estate Council of Ontario
Copperlaw : http://www.reco.on.ca/
Copperlaw : You can look through their site and complaint procedure if you wish
Copperlaw : Morally, she's wrong, legally, if it was disclosed in the listing etc, she's met her "legal" obligation to you
I appreciate your time and answers even if they weren't exactly what I was hoping for. Much appreciated. Mike