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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95941
Experience:  Lawyer
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We purchased a house and the pool had been closed winter.

Customer Question

we purchased a house and the pool had been closed for the winter. When asked they told us the pool was functioning. When we opened the pool we found a large patch and tear in the liner. Can we go after the seller for part of the cost to replace the liner. We have spoken to 2 pool companies who have all told us that the liner needs to be replaced
Submitted: 4 months ago.
Category: Canada Law
Expert:  Legal Ease replied 4 months ago.

I have one question first.

If the liner is torn is the pool still functioning? I have no idea how pools work.


Customer: replied 4 months ago.
It is still functioning but the liner could completely tear any minute and not be functioning.
Expert:  Legal Ease replied 4 months ago.

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 my mind you were materially mis-represented. They didn't reveal this problem and it was the winter and they thought they could get away with it,

I suggest you have a lawyer send them a letter demanding they reimburse you for the cost of the liner and threaten a lawsuit. I believe you would succeed if you had to sue them which would be in Small Claims Court and you could self-represent. If it got that far and you find you need some help as you go through the process you can always post on this site again and I can assist you further.

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