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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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Purchased a Condo and found out after it is leaky Condo in

Customer Question

Purchased a Condo and found out after it is leaky Condo in the min it stated that the roof was good for 15 years. I asked the council for the Warrenty but they said they could not fined it. Now in remediation and have paid a levy now paying an other amount. I do not know if I can sue them or not, Please help
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

What fraudulent statements were made to you?

Is the roof a common element?

Customer: replied 2 years ago.
It is a 63 unit building with a common roof.
The statements re the roof condition were Minuted at a Council meeting 18 months before we moved in.
Other recorded Minutes indicated necessary repairs that were carried out by an unlicensed contractor, who also did patch-work on the roof. We feel we have a claim against that Council and it's members.
Expert:  Debra replied 2 years ago.

So are you saying that all unit owners must pay to get this roof repaired and you were lied to before you bought the unit about this?

Customer: replied 2 years ago.
Basically, that is correct if you consider that the Minutes of a Council Meeting are supposed to reflect transparent and honest views recorded. The Council will likely take the view that 'the contractor TOLD them the roof was repaired and that it would not need replacing for 10-15 yrs, and that they only recorded what they were told ( Not in writing from the 'contractor' of course, because he disappeared.) Nontheless we put some store in the comments recorded and it influenced our decision to buy.
The roof has been replaced now, in conjunction with Full Remediation, and the cost for that element alone approaches $550K
Expert:  Debra replied 2 years ago.

Do you think the former owner knew the truth?