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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96414
Experience:  Lawyer
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Does a purchaser have a claim of hidden defect against

Customer Question

Does a purchaser have a claim of hidden defect against myself the seller when they suspect rotten wood. The suspicion of rotten wood was reached when an exterminator treated for ants. An ant issue was disclosed on the seller's declaration and on the offer to purchase it was indicated that the property was sold "without legal warranty"
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: This is Quebec Canada
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: There was a home inspection done
Submitted: 1 month ago.
Category: Canada Law
Expert:  Legal Ease replied 1 month ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 1 month ago.

I am sorry to hear you are in this difficult situation.

Did you know about this defect when you sold them the house?

Customer: replied 1 month ago.
No, furthermore 4years prior to the sale we did extensive renovations that included reinsulating exterior walls by removing the gyproc. So we have seen most of the studding and there was no rotten wood.
Expert:  Legal Ease replied 1 month 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.

As you had no idea about this defect you are not going to be held liable for it.

Does that answer your question?

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