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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101042
Experience:  Lawyer
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I bought a house without a home inspection in August 2014.

Customer Question

I bought a house without a home inspection in August 2014. Upon gutting some of the house I find that the house is a right off. Foundation issues and structural damages. I asked for legal advice and I was told they could say they new nothing about it so it would be my word against theirs. These damages were hidden with new flooring and drywall. I find out yesterday from the lawyer that the deed I have is actually for the sellers property next to me. Both the purchase agreement and deed co inside with one another. Can I use this to get out of the original purchase because technically closing sale was not met? Thank you
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
I don't believe that this error is going to help you. But I don't agree that you are stuck the way you've been told.If the damages were hidden buy the seller you will be OK.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. I suggest you get a second opinion from a lawyer that has not been involved in this situation at all.
Customer: replied 2 years ago.
Legally on paper I don't technically own the house that I was suppose to buy because of improper documentation. Can I use that to get out of the house purchase I didnt legally purchase
Expert:  Debra replied 2 years ago.
No. I understand the facts, and I don't believe that the error will help you. For there to be a binding contract there simply needs to be an offer and an acceptance and a 'meeting of the minds'. In this case there was a meeting of the minds as you both intended to have the sale go through with respect to the property in question. The sale happened when the offer that you put in was accepted.You were given the wrong deed but that doesn't mean your purchase of the house in question is no longer valid. It was and is unfortunately.