How to Avoid a Law Suit After Selling Your House

Real Estate Agent with Royal LePage Real Estate-Johnston & Daniel Div

Lawyer Bob Aaron wrote an interesting article recently about a home seller's obligations to disclose house defects to buyers. According to Aaron, the main criterion the courts apply to decide if a seller is responsible for repairs/defects is whether the defects are patent (obvious) or latent (hidden).

Case in point: The buyers of a home in Leduc County, Alberta, inspected the house three times before signing on the dotted line. The only problems they found were minor wiring issues.

Soon after they moved in, however, they discovered an infestation of carpenter ants in a bedroom ceiling and mould in the basement.

Because of the ant infestation, the entire roof had to be removed and replaced with a metal one. But when the buyers took the matter to court, the judge ruled that they'd failed to take reasonable steps to determine the full extent of the defects before buying the home. The buyers would therefore have to bear the repair costs themselves.

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Read other related articles:
Are Home Sellers Obligated to Disclose If There Has Been a Death or Violence in Their Home?

What You Don't Tell the Buyer May Come Back to Haunt You When Selling Your Home.

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