Deal Closed Roof Completed in 2004 or 2009 (Ontario)

Deal Closed Roof Completed in 2004 or 2009 (Ontario)

Question:

I bought a house last year. The Flyer and the MLS both stated that the roof was “done” in 2009. I was up in the attic and found an Invoice that said 2004.

There was nothing about this in the Agreement of Purchase and Sale.

Do I have any remedies?

Answer:

If a roof lasts 15 years, the missing 5 years would seem to be significant. By significant, I mean it’s a material fact.

You may have a false representation here. The limitation is two years from discovery, but since you are still within two years of closing, why wait, sue now. The mere fact that work was done in 2004, doesn’t mean that nothing was done in 2009. However, it would be important to find that out.

There are two issues: 1) it’s not in the contract, and 2) the substance of the false representation may be unclear. Assuming, you get past those hurdles, then the issue is who’s at fault. It could be the Seller, the Listing Agent, the Buyer’s Agent, the Buyer, or a combination of all of them.

You will need a lawyer who handles real estate litigation to assist you.