Ask a Canada Law Question, Get an Answer ASAP!
Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.
I am sorry to hear that this happened to you.
What province are you in please?Did you have the house inspected?
I also asked if you had an inspection.
That is a terrible story.
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.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.
The lawyer is not a litigation lawyer and that may be why.
Your lawyer is skilled in preparing the documents needed for the closing. She knows what to look for to ensure you are getting a clear title. But she does not go to court, may not know the law well in this area and may not even be experienced in making demands to other lawyers.
But in many cases a real estate lawyer practices at a firm with other lawyers and she likely can pass this on to one of the litigation lawyers in her firm if possible.
Is there anything more I can help you with at this point in time?