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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100483
Experience:  Lawyer
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I need advice from a Canadian real estate lawyer with respect

Customer Question

I need advice from a Canadian real estate lawyer with respect to how long I have to warranty a repair I made on a house I sold ?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
Please provide me with the basic facts so that I can answer in a more meaningful way. Please include your province.
Customer: replied 1 year ago.
We bought the house in October, 2004. In the spring of 2005, we noticed a small leak in the basement. I removed the drywall and noticed a small crack, so I purchased an injection kit and fixed the repair myself. We left the wall opened until the fall of 2015 to make sure it did not leak again, and it never leaked. We fixed the drywall for the sale of our house in the fall of 2015. In the fall of 2015 we sold our house, with a Feb 2016 possession. We declared in the sale that there was a leak discovered in 2005, and that I had repaired it. I also showed the buyers where the leak was and explained to them what I did and the history. I re-explained this to their home inspector when they did a home inspection. They signed off that they were satisfied with the inspection of the house.Unfortunately, for some reason, just after they took possession in February, the leak started again. Now the buyers are angry and aggressive with the real estate agent. The buyers and sellers agent was the same person in this transaction.They want me to fix it, however the repair I did is almost 11 years old. Had they been polite I would perhaps have listened to them, but right away they got very aggressive.Am I responsible to fix this, even though it was 11 years ago, and was fully declared in the sales contract ?
Customer: replied 1 year ago.
the sale was conducted in the province of Quebec
Customer: replied 1 year ago.
I should also mention that immediately upon possession of the house, the buyers started an extensive renovation and modification of the house, basically tearing a good portion of the interior of the house down to the studs and plywood floor. The leak was noticed after they did the demolishing of the interior walls, so in my mind there could be some question as to whether their work impacted the structure of the house, but this is just conjecture on my part
Expert:  Debra replied 1 year 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. None of this applies to you at all. You were clearly very honest and very careful to reveal that there was once this issue. So it is not likely at all that they could sue you successfully.

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