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Daniel Freudman
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we just bought home & moved in only to discover after the fact

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we just bought home & moved in only to discover after the fact that a large portion of the basement is infested with mould. Can we go after the previous home owner for the cost of getting rid of the mould, damage is extensive, but was cleverly hidden by the previous home owner ???
Submitted: 1 year ago.
Category: Canada Law
Expert:  Daniel Freudman replied 1 year ago.

1) when did you buy the house?

2) was the house sold 'as is', and were there any representations as to whether or not there was mould?

3) how was the mould 'cleverly hidden' / why didn't you discovered it when you looked at the house prior to purchase?

Customer: replied 1 year ago.

May 01/2013


 


No


 


wood panelling was in place to cover it & patches had clearly been done on


the ceiling in the 1 finished room in the basement, it wasn't obvious during the walk through & was only found after we had an issue with 1 of the toilets upstairs that leaked into the laundry room in the basement & found it while investigating that leak

Expert:  Daniel Freudman replied 1 year ago.

Generally, the doctrine of caveat emptor (i.e. 'buyer beware') applies, and as you had time to inspect the house and did not discover it or raise such issue before, you would be precluded from doing so now. However the fact that they seem to have tried to cover it up to avoid you initially detecting it is relevant. You could argue that this deceitful conduct is tantamount to a fraudulent representation i.e. they (mis)represented the property to be free of mould by putting up the wood and not telling you about it, and the purpose of that was clearly to deceive you such that you would not find the defect.

 

You would have 2 years to sue from the date you discovered, or ought to have discovered the mould, as per the Limitations Act.

 

If you are seeking to pursue this case, it would be wise to hire a lawyer as this will likely be quite a litigious case, given the argument that the previous owner will put forward (i.e. they'll claim you accepted the house in the state that you looked it over).

 

 

Hopefully that is of assistance.

 

If you are satisfied with my answer, please provide me with a positive rating so I can receive payment. Thank you.

 

DISCLAIMER: My communication is general legal information only and is not intended to be relied upon. This information is not legal advice, nor is it a substitute for such, and if you are seeking legal advice then it is recommended that you retain an attorney. There is no guarantee as to the accuracy of this information, nor shall I be held liable for any claim, demand or damages, actual or consequential, of any kind or nature, known or unknown, arising out of or in any way connected to this information or the issue it pertains to. No solicitor-client relationship has been created by this communication.

Daniel Freudman, Lawyer
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