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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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We signed an offer to purchase a home Sept 1, 2015. A home

Customer Question

We signed an offer to purchase a home Sept 1, 2015. A home inspection was done but did not pick up electrical issues. We found electrical issues about 2 weeks prior to closure and now want that fixed prior to possession. Whose responsibility is it to fix the deficiency
please advise
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

First, are you saying you actually put in the offer two days ago? And if so, was the offer conditional on an inspection?

How did you find out that there are electrical issues?

Customer: replied 1 year ago.
The offer was conditional on a home inspector but he didn't find the issue, we did.
Customer: replied 1 year ago.
We want to know if they are required to fix it or no. If no can we then walk away and say we don't want to purchase the home.
Expert:  Legal Ease replied 1 year ago.

How did you find this electrical problem yourself?

Expert:  Legal Ease replied 1 year ago.

As well, your timeline is confusing me somewhat. Can you please clarify?

Customer: replied 1 year ago.
My husband went to fix a light above the bed because it was hanging from the ceiling. When he took it off there was no ground and no metal box. None of the lights have it. They are not grounded. Two plugs are overloaded and should never have passed an inspection, I don't believe the inspection happened. There are no smoke detectors that also need to be hard wired. I think its a safety issue and should be up to them to fix, its not a nice to do wire repair for our convenience.
Expert:  Legal Ease replied 1 year ago.

How were you inside the house before the closing?

Customer: replied 1 year ago.
Timeline....We put an offer in May, the inspection was done. We rented in for July and August having not seen the property prior to purchase and were renting in for 1000 per month plus utilities with a possession date of Sept 1. We didn't occupy the home in July. We moved in August. Dropped our stuff off and went on a planned holiday for 3 weeks returning the 21 of Aug. on Aug 23 my husband noticed the light and the deficiencies and immediately notified the home owner. Its an old home and repair means damage to the walls and floor
Customer: replied 1 year ago.
There must be a bit of a delay...see above as to why we were in house prior to possession date
Expert:  Legal Ease replied 1 year ago.

I now see the situation.

Here is the law:

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.

Your next step then may be to sit down with a lawyer and review all the relevant facts with the lawyer. Bring in all the documentation of course, including the inspection report. It may be that you will have a case against the Vendor or the inspector.

But this doesn't mean you can walk away from the deal or that you can compel any repairs before closing.

I suggest that you immediately discuss this with the real estate lawyer who is going to do the closing.