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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96989
Experience:  Lawyer
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I sold my house last april .The new owners had the house

Customer Question

I sold my house last april .The new owners had the house inspected and after minor repairs the waved all the conditions. I received a letter from the new owners that they found some issues with the plumbing that the home inspector mist. Now their asking us to pay for the repairs. My question is. Can the y take leagl actions against me even if they waived all the conditions. I've talked to a realtor and he told me that once they waive the conditions the house is theirs unless it would be a hidden issue, which is not. Thanks
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Ottawa, Ontario
JA: Has anything been filed or reported?
Customer: Not filed yet , I have until January 17th to pay for the repairs or legal actions will be taken
JA: When we are ready I'll take you to the appropriate web page.
Customer: ok
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 17 days ago.
Category: Canada Law
Expert:  Legal Ease replied 17 days ago.

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

Expert:  Legal Ease replied 17 days ago.

I am sorry to hear this.

Did you know about these issues?

Customer: replied 17 days ago.
no
Expert:  Legal Ease replied 17 days ago.

I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. As I am a lawyer in Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site.

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.

So you've done nothing wrong and it is not likely that the court would find you liable.

If they want to sue someone they should look to their inspector.

Does that fully answer your question?

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 17 days ago.
Thank you for your answer. It's somewhat of a relief. But I will contact a lawyer in my region for further advise.Thamks alot you've been a great help
Expert:  Legal Ease replied 17 days ago.

That is a good idea of course but I am actually a senior lawyer in Ontario so you really don't have to worry.

If we are done please rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.

Customer: replied 17 days ago.
Great help, thanks
Expert:  Legal Ease replied 17 days ago.

Anytime!

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