Septic System Liability Issues for Listing Agent (Ontario)

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Question:

I listed home with a septic tank on a double lot with severance potential.

The Buyer’s agent presents a firm offer and the home sells and closes.

I begin to receive messages from the buying agent stating that there is no record of permit for the septic tank which was completed 12 years previously by the Seller’s father who passed away in five years ago.

My Seller does not have any paperwork of the tank install either.

The Buyers are upset and want to sue somebody!

Answer:

Caveat emptor applies.

Unless there were specific Warranties contained in the Agreement which survived closing, the Buyers would be out of luck.

The Buyers had their own agent, who should have protected them by either Conditions or Warranties.

Realistically, the only agent at risk here would be the Buyer’s agent.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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