The Broker had discussions with
the Buyers about the defects, allegedly referring to the disclosures as simply recognizing the fact that no one had bothered to obtain the proper permits for improvements made to the Home.
Not exact matches
when you have significant amount of mould, you can not miss its odor unless the mould started to develop after closing... Seller's inspection report showed only (leakage of water around a skylight on the second floor) and the
buyer's realtor did a good job in asking for its repairs... seller did not speak
about water seeping into the basement through the foundation (latent
defect).
Deals can sometimes go sideways when a
buyer and seller disagree
about what constitutes a major
defect (something the seller's expected to fix), so include in the offer a maximum dollar value for the cost of a fix that you can live with.
The club's code of ethics requires that breeders inform
buyers about known hereditary
defects in their bloodlines, test their breeding animals for hip dysplasia, and disclose the test results.
It opens with a condo
buyer arguing with the property manager
about defects and unfinished work, and with the property manager telling him to get lost.
Listing licensees should explain the concept of latent
defects to sellers at the time a listing is taken, to ensure they are aware of the need to inform potential
buyers about the property's
defects.
The
buyer must also be able to prove that the seller knew
about the latent
defect.
The comments listed above «In a decision released in May 2014, a deputy Judge of the Barrie (Ontario) Small Claims Court said in his judgement that a seller must disclose to the
buyer anything they know
about a
defect that has caused any loss of use or enjoyment of a meaningful part of the premises.»
The agents for the
buyer and seller are required to walk through the property and note observations
about defects on the sellers» disclosure form.
However, after the closing, the
buyers sued the sellers and Elkowitz, alleging that the salesperson knew
about the
defects from the earlier litigation and was aware the amount of the settlement was insufficient to make all the repairs.
I hate to sound like the field tested and jaded veteran but... In 26 years of transcations, many before home inspections were popular, there is not one deal I can name wherein a proper inspection would not have revealed the
defect (s)... the fact of the SPIS is, no matter what the seller says, the practioner had better check it & the
buyer better inspect it, you are concerned
about drainage?
The
Buyer argued that the Broker had violated the disclosure law because the Broker had received information
about the property's
defects during the 2010 transaction.
In addition,
buyers and
buyer salespeople should always ask sellers and the sellers» salesperson point blank if there are any hidden
defects in the property that they should know
about, and make a note
about anything that is said to you.
when you have significant amount of mould, you can not miss its odor unless the mould started to develop after closing... Seller's inspection report showed only (leakage of water around a skylight on the second floor) and the
buyer's realtor did a good job in asking for its repairs... seller did not speak
about water seeping into the basement through the foundation (latent
defect).
Sellers must disclose known material latent
defects about their property to a
buyer.
If a
buyer believes that information
about a known latent
defect has been withheld by the seller or the seller's licensee, legal advice should be obtained.
Lawyers might not know the specific neighborhoods, how to prepare a comparative market analysis, draw a real estate contract, or anything
about the listing agent nor the profession of real estate, much less how to spot
defects, negotiate for repairs nor any of the other dozens of tasks an experienced
buyer's agent performs.
The
buyer agent must act in the
buyer / tenant's best interest, including making a continuous and good faith effort to find a property for the
buyer / tenant, except while the
buyer is subject to an existing contract, and must keep all confidential information, other than known material
defects about the property, confidential.
A real estate agent is generally not qualified to discover
defects or evaluate the physical condition of property; however, a real estate agent can assist a
buyer in finding qualified inspectors and provide the
buyer with documents and other resources containing vital information
about a prospective new home.
First, the
buyer's agent must disclose knowledge of a material
defect or condition
about the property that affects health or safety and that
defect is not known or readily observable to the
buyer.
And, given the multiple representation scenario, there certainly was a duty to the
buyer to suggest an inspection given the existence of the
defect and the notes
about it in the SPIS.
Private
buyers need not worry
about private sellers not disclosing
defects or neighbourhood informationn that might deter the average
buyer from purchasing a certain home because the Competition Bureau will be there to protect them.
Chapter 93A requires brokers, salespersons, and other business persons to disclose all facts known by a real estate licensee
about defects in a property, even if a
buyer or tenant does not ask.