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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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I bought a house, had an inspection. Inspection report

Customer Question

Hello,
I bought a house, had an inspection. Inspection report mentionned a satisfactory to poor grading but using infrared camera and moisture meter inside there was nothing wrong. No water signs or smell neither, nothing disclosed by seller. 4 days after moving in, it rained and smelled bad. After consulting insurace, they say they are not paying caus their évaluator saw 3' of dry mold behind walls and determined that ot was previous liquage. I called a foundation expert, he discovered that the problem was the back water valve that was rusted shut and mentionned that when he performed to open the valve, water was rushing into the suwer. He mentionned that since the valve was rusted shut, by gravity water was going Under my slab affecting all walls. His expert opinion is that it had been going on for some time. The previous owners said they did not even know there was a drain and a back water valve...and that they were not aware of any water issue....that is their defence....
Submitted: 11 months ago.
Category: Canada Law
Expert:  Legal Ease replied 11 months ago.

Did this expert say this should have been discovered by the inspector ?

Customer: replied 11 months ago.
nop because there was no visible sign, no smell and inspectors cannot do invasive deterioration
Customer: replied 11 months ago.
unless there is a reason to (sign) and there were no signs
Expert:  Legal Ease replied 11 months ago.

So the mold was discovered when a wall was opened up?

Customer: replied 11 months ago.
up to 3' of dry mold behind drywall but NOTHING showing up front, no smell, no stains
Customer: replied 11 months ago.
ALL basement walls
Customer: replied 11 months ago.
by talking to contractors, it is their feeling that when mold is dry, there is no sign untill it rains, water activâtes the mold making it smell, that how we discover it when 4 days after moving in it rained, a lot
Expert:  Legal Ease replied 11 months ago.

How long did the previous owner own the house for?

Customer: replied 11 months ago.
I know in Alberta it is buyer be ware and I would have to prouve they conceilled, but I have no proof they cleanes the front of the walls to sell. The judge said that she believes them as their niece was sleeping downstairs and the sellers wouls never volontary expose their niece to it.......but they tried to sell the property 3 times in 6 years, she says it's only a hasard, nothing to do with the house issue........
Customer: replied 11 months ago.
From 2006 to 2014
Customer: replied 11 months ago.
sorry for my poor English, it is in fact my 2e language (I'm french), let me know if I'm not clear lol
Customer: replied 11 months ago.
are you still there?
Customer: replied 11 months ago.
hello? Are you still there?
Customer: replied 11 months ago.
please answer me
Customer: replied 11 months ago.
Why are you not following up with me??
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Legal Ease replied 11 months ago.

I did follow up. In fact, I posted a full answer and explained all about buyer beware and the law but clearly my answer did not post. But now that I see more information I can see there is no reason for me to go ahead and continue posting that answer again because you know the lawcin that area. But, you never told me that you had already been to court.

I don't understand your question at this point. this point given you have been to court.

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