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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99008
Experience:  Lawyer
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Bought our house in 2006. recently decided to remodel our living

Customer Question

bought our house in 2006. recently decided to remodel our living room, found live knob and tube , this was never disclosed in the sale of the house. It is through all of the house except the kitchen which had previously been remodeled. We only found it do to the ceiling of the living room needed to be replaced. Also an electrical /plumbing company came in and approved the electrical for our house insurance. We know the knob and tube is alive, had a retired electrician come in and test it for me . Is there any course of action against the real estate company and the electric/ plumbling company.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Did you have the house inspected before you bought it?
Customer: replied 2 years ago.
no
Customer: replied 2 years ago.
we asked if there was ufi or knob and tube. they disclosed no uffi
Customer: replied 2 years ago.
they never mentioned the knob and tube in any of our paper work that I have just read lately, but we did ask and where told no to both of the items-- verbably.
Customer: replied 2 years ago.
how can an company - electrical / plumbing pass the hydro for insurance purposes - when there is knob and tube mothered into knew wiring.
There are two different testers. One is an actual plug in to receptacles and of course the pencil tester to the actual wiring.
Customer: replied 2 years ago.
are you still with me here ?
Expert:  Debra replied 2 years ago.
Yes. Sorry. My Internet keeps going down for minutes at a time even though I live in a major city.Generally the law with respect to the purchase of homes is that the purchaser has the right to inspect the home for defects. If the Purchaser decides to buy the home then generally the law can be summed up by the well known phrase "buyer beware." The legal phrase for this is the Latin phrase caveat emptor.However, at the same time the Vendor is not permitted to misrepresent, fail to disclose or actively try to hide defects.As well the vendor has a duty to disclose a latent defect if it's substantial. This usually includes defects that render the premises uninhabitable or unfit for the use the Purchaser is planning for. It would also include the situation where the cost to repair is going to be substantial as well. In your case there was a blatant and very serious material mis-representation. If they didn't know about the wiring they should have said they were not sure. If someone previously lied to them then you would sue the seller who would add the former seller into the lawsuit.So I suggest you have a litigation lawyer send them a letter at once explaining that this was just discovered, you were mis-represented by them and are demanding damages for all costs you incur in rectifying this situation. I don't see how the real estate company would be liable as they are entitled to believe the seller. And if the electric company is liable they would be liable to the seller and not you as they hired them so again you would sue the seller.

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