Roof Patched, Leaks and Late Discovery

Question:

Buyers have noticed an active leak in the roof of an extension to the main building.

They noticed the damage on the day they took possession, but thought it was perhaps old damage that had not been repaired.

It had obviously been badly patched and painted to conceal it.

Since taking possession, every time it rains, there is water dripping in around the windows and running down the wall. We were able to poke our fingers through the ceiling the damage is so bad. We are worried about the structural integrity of the whole extension. There was nothing disclosed and in fact they stated the roof had been replaced.

There was a Home Inspection completed prior to closing.

Answer:

The Seller is only under a legal obligation to disclose known, material, latent defects.

If it is easy to see, then there is no remedy. What did the Home Inspector say? Did it show up in the report?

If not, then, there might be a chance that it was “concealed”. If that was the case, then there may still be a remedy as against the Seller. If the entire structural integrity of the extension is in jeopardy, that may give rise to the right of rescission of the contract, however, that step needs to be taken quickly, it really cannot be deferred for much time.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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