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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98418
Experience:  Lawyer
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Is there a law in real estate for failure to disclose a

Customer Question

Is there a law in real estate for failure to disclose a major defect in a home being sold?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Ontario Canada
JA: Has anything been filed or reported?
Customer: The seller failed to disclose a major problem with the rood and tried hide it.
JA: Anything else you want the lawyer to know before I connect you?
Customer: is there any recourse
Submitted: 6 months ago.
Category: Canada Law
Expert:  Debra replied 6 months ago.

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

Expert:  Debra replied 6 months ago.

There is a typo so just to confirm are you saying it is clear that the seller knew about the defect and tried to hide it from you?

Did you have an inspection?

Customer: replied 6 months ago.
No we did not have an inspection. They used a product that was not meant for that application to correct a hole in the roof.
Expert:  Debra replied 6 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.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 6 months ago.
This was very helpfulLynda Johnson
Expert:  Debra replied 6 months ago.

You are very welcome.

If we are done please rate me so that I can get paid. The site doesn't release my portion of what you paid them to me until you rate me.

Thanks and take good care.

Customer: replied 6 months ago.
This was very helpful
Expert:  Debra replied 6 months ago.


Could you please rate me now as I won't get paid until you do.

Thanks again.

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