Go Back   DIY Chatroom Home Improvement Forum > DIY Repair > General DIY Discussions

CLICK HERE AND JOIN OUR COMMUNITY TODAY...IT'S FREE!

Reply
 
Thread Tools Search this Thread Display Modes
Old 08-16-2012, 09:53 AM   #16
Concrete & Masonry
 
Join Date: Nov 2008
Location: Wisconsin
Posts: 2,737
Rewards Points: 2,026
Default

Need help with unexpected issue


Quote:
Originally Posted by creeper View Post
Assuming the inspector and yourself were there for at least a few hours, plus any showings you attended, did you not notice the pump starting every couple of minutes ?
That's what I'm curious about as well. At a minimum, a home inspection within a home with a full basement & sump crock, should consist of at least taking the sump cover off, inspecting the current water level, testing of the pump, etc.... Taking the cover off would have immediatly shown the inspector that water was flowing in a a relatively swift rate.............

jomama45 is offline   Reply With Quote
Old 08-16-2012, 12:11 PM   #17
Member
 
Join Date: Oct 2011
Location: Ohio
Posts: 2,556
Rewards Points: 2,020
Default

Need help with unexpected issue


Quote:
Originally Posted by creeper View Post
Or maybe if you had read post #6 which comes before # 10 you would have read that disclosure forms are optional here in Ontario. Then perhaps you would not have asked what was written on the form, because you would have concluded from post #1 coupled with post # 6 that indeed no disclosure written or otherwise was forthcoming.

Good day to you too!
I comprehend that you say disclosures are optional.

Is it possible that a dislosure was given in this situtation with no problems noted on it?

The poster never, ever, ever said they did not receive a disclosure. I beg you to show otherwise...lol.

I need a beverage.
hammerlane is offline   Reply With Quote
Old 08-16-2012, 01:14 PM   #18
Member
 
Join Date: Mar 2011
Location: As always..beside myself.
Posts: 4,226
Rewards Points: 2,000
Default

Need help with unexpected issue


Seriously!! You are still going on about this !! You did this in the FSBO thread also. In that thread you basically tried to disagree with me while making the same point that I made BEFORE you chimed in about it.

In this case, here is the op's question verbatim


Quote:
Originally Posted by andwu View Post
my main question is, since none of this was stated anywhere by the previous owner, can anything be done legally


As an Ontario Realtor, answering a question for an Ontario Buyer, I can assure you The question of a written Disclosure Statement ( or verbal for that matter) in this case is entirely MOOT.

Disclosure Statements can be a huge liability for our clients and as such any of the transactions in my entire career that I have been a part of whether I'm representing the interests of Seller or Buyer have never included a written disclosure statement.

In fact I can say with confidence , most Realtors and their solicitors in Ontario, do not use them.
I doubt this OP and his Realtor ever even asked the seller for one. Further, the op's solicitor didn't even question it when the form was not present in his package of documents.

When the op said "none of this was ever stated" thats what he meant because he probably doesn't even realize that a disclosure statement exists

Are you satisfied yet. Sheesh

Last edited by creeper; 08-16-2012 at 01:17 PM.
creeper is offline   Reply With Quote
Old 08-16-2012, 01:33 PM   #19
Member
 
Join Date: Aug 2012
Posts: 46
Rewards Points: 25
Default

Need help with unexpected issue


Creeper....out of curiosity (since it does not apply to us in the US), how does a Canadian home owner handle cases where the seller knew of a defect but failed to 'disclose' it to the buyer.

Is this just a case of "Brake Light Warranty"?
jeepdawg is offline   Reply With Quote
Old 08-16-2012, 02:38 PM   #20
Member
 
Join Date: Mar 2011
Location: As always..beside myself.
Posts: 4,226
Rewards Points: 2,000
Default

Need help with unexpected issue


Quote:
Originally Posted by jeepdawg View Post
Creeper....out of curiosity (since it does not apply to us in the US), how does a Canadian home owner handle cases where the seller knew of a defect but failed to 'disclose' it to the buyer.

Is this just a case of "Brake Light Warranty"?
Hello..
Lets take for example a transaction where a well was unable to produce enough GPM to sustain a normal household use.

Typically, a contract will ask a Seller to represent and warrant that in his occupancy of the property the well has produced enough potatable water....

Soon after the new property owner discovers that this is not the case. The neighbours reveal that the previous owner has had the well run dry in the past.
A court would definitely find in favour of the buyer and restitution would be ordered.
Even if the Realtor had neglected to ask for the water warranty, it is a latent defect that clearly affects the quality of living for the Buyer. So no doubt the judge would still order the Seller to provide compensation for this defect.

Further, according to the code of ethics which we must adhere to, A realtor would no doubt be charged with misrespresentation and subsequently fined an amount close to the cost of a new well drill.

A judge would claim that as a qualified and licensed registrant, "a Realtor would have known or 'ought' to have known" to have asked in writing about the GPM in the well.

If it was a case of something like a stove not working, it would become a case of he said, she said with a seller being able to claim "it worked just fine when I made dinner the night before we moved" These warranties do not "merge" on the day of closing so as soon as the seller slams the door on the moving truck the buyer is out of luck

I hope I was able to explain it clearly
creeper is offline   Reply With Quote
Old 08-16-2012, 06:46 PM   #21
Member
 
Join Date: Oct 2011
Location: Ohio
Posts: 2,556
Rewards Points: 2,020
Default

Need help with unexpected issue


Quote:
Originally Posted by creeper View Post
When the op said "none of this was ever stated" thats what he meant because he probably doesn't even realize that a disclosure statement exists

Are you satisfied yet. Sheesh
All I asked in post #10 was:

"What exactly was written on the disclosure form."

1. If a disclosure form did not exist, then the poster will come back with that and so be it.

2. I asked if anything was written on the disclosure because maybe something the sellers put on it that this poster does not think is relevant to a basement water issue may in fact be relevant to a basement water issue.
hammerlane is offline   Reply With Quote
Old 08-18-2012, 10:33 PM   #22
Member
 
Join Date: Dec 2010
Location: BC Canada
Posts: 500
Rewards Points: 500
Default

Need help with unexpected issue


it would probably be worth it to pay a local lawyer for an hour of their time to get their view of it, instead of taking chances on an internet forum.

chrisBC is offline   Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
HVAC condensor fan outside intermittant wheelsup HVAC 21 05-24-2012 10:25 AM
Westinghouse furnace issue joe8918 HVAC 9 12-04-2011 05:50 PM
how to reduce mositure issue on basement? diy001 Building & Construction 0 10-28-2011 12:44 PM
Perplexing AC issue AvalonGirl HVAC 22 08-17-2011 06:49 PM
CSST Gas Line Lightning Strike and Electrical Issue duteberta Electrical 18 07-29-2009 05:01 PM




Top of Page | View New Posts

Copyright © 2003-2014 Escalate Media. All Rights Reserved.