Suspected Mould Problem Discovered after Closing (Sharing Responsibility)

Suspected Mould Problem Discovered after Closing

Question:

Immediately after closing, the Buyer gets the key and goes in to observe the condition of the house. He finds what looks like mould in the hall closet. There was a loose brick on the outside wall where the closet is located, which looked minor and was noted in inspection. No mold noted though. House is 10 years old. What happens?

Answer:

What happens if everyone is a little bit to blame?

The Negligence Act provides a method of apportionment and sharing of liability. If there are four defendants and the Court can’t figure it out, then liability is apportioned 25% to each Defendant.

If for example the Home Inspector were found 50% at fault, that leaves the remaining 50% to be apportioned, which the Court might award 25% to the Buyer’s Agent and 12.5% each to the Seller and the Seller’s Agent.

It is noteworthy here, that each Defendant is 100% responsible for payment of 100% of the Plaintiff’s claim even though they may only be assessed 1% liability by the Court. They are required to pay the Plaintiff’s claim in full and then seek reimbursement proportionately from the co-defendants.