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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101418
Experience:  Lawyer
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I purchased a house with hidden issues i.e. leaking gas,

Customer Question

I purchased a house with hidden issues i.e. leaking gas, refrigerator needs new compressor. I want to be reimburse for the cost I spend to detect and fix the issues. I am looking for mutual resolution with the sellers regarding undisclosed house issues (major issue - gas leak in the basement)
Submitted: 11 months ago.
Category: Canada Law
Customer: replied 11 months ago.
What is the role of the real estate lawyer in regards ***** ***** in newly purchased house (Ontario, Canada)
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Debra replied 11 months ago.

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

Expert:  Debra replied 11 months ago.

I am sorry to hear that this happened to you.

What province are you in please?

Did you have the house inspected?

Customer: replied 11 months ago.
It was provided already ��, it is in Ontario
Expert:  Debra replied 11 months ago.

I also asked if you had an inspection.

Customer: replied 11 months ago.
I had an inspection, but when I questioned what is the source of the bad odour the buyer's lawyer replied that this is due to sick dogs, well dogs are gone but the bad odour stayed. The gas leak was located after a month from the time I had to move in. It took me a month to find experienced technician, in the first day I called gas company and they were not able to detect gas!!!!! This is the most shocking me, because if he ruled out gas leak, I was investigating the odour source and spend so much money for Pest control, plumbers, air quality tests. Making story short when I started feel very sick due to constant poisoning by leaking gas I begged the cooling and heating company to start investigate it, so gas leak was detected in 3 spots.
Expert:  Debra replied 11 months ago.

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.

Customer: replied 11 months ago.
Since I was able to managed the gas leak Repaire, I was trying to contact my real estate lawyer, thinking this is the part of her service for the closure since she was informed of the all issues on day one I moved in, all I want is to have mutual resolution with the seller by contacting seller's lawyer, represent me to claim reimbursement for the cost I have spent to fix both issues ( gas and refrigerator), but it looks like my lawyer is not cooperating with me, I like to know if she is obligated to represent me means contacting seller's lawyer and then if no mutual resolution will be reached I will go for next Leagal step in court.
Expert:  Debra replied 11 months ago.

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.

Expert:  Debra replied 11 months ago.

Is there anything more I can help you with at this point in time?