Legal Question in Real Estate Law in Canada
Latent Intent
What is my best recourse to dealing with 2 Realtors, a Home Inspector and the last home-owner of a home we just purchased 1 month ago; wherein they did not get a Disclosure form from the previous owner and we have found out that the basement had major construction work to be done on it ($10,000) worth - including a sump pump and repair. They had purposedly covered up the extent of the damage with linoleum and carpet and gyproc. We were not notified of the extent, by our Home Inspector, either. He just said that there was a leak in the corner of the closet that needed taking care of. Anything you can do to assist us, would be greatly appreciated. Thank you....
3 Answers from Attorneys
Re: Latent Intent
You may have a good lawsuit against both. If you fax all of your documenation to me at 714 363-0229, I will review same and provide you with free consultation.
Re: Latent Intent
Potential suit for fraud.
Joel Selik, Attorney, CA Real Estate Broker.
Re: Latent Intent
You need to have at least an initial, potentially free, conference with an attorney who practices real-estate law in the county where the home is located. If the factual case is strong, the attorney will probably recommend making a demand, to be backed up by a lawsuit if necessary, upon all the parties.
The chances for recovery are probably greatest against the seller's broker, since they would have the highest level of duty to disclose. The broker is likely to have insurance. If, however, one of the prior owners deliberately concealed a problem, they would also be a prime target. The home inspector's contract probably contains clever liability disclaimers that may make recovery from him difficult, but all should be named in the suit.
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