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ARTICLE · 15 MAY 2023

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Seller Not Liable For Water Damage Or Foundation Issues Discovered After Closing

Gardiner Roberts LLP
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Litigation between buyers and sellers often concerns whether or not a seller had an obligation to disclose deficiencies with a property that were discovered after closing.

CanadaReal Estate and Construction
James R.G. Cook
James R.G. Cook
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Litigation between buyers and sellers often concerns whether or not a seller had an obligation to disclose deficiencies with a property that were discovered after closing. In such cases, a buyer may feel that the seller had an obligation to disclose the deficiencies that were discovered. However, unless the buyer can point to specific terms of a written agreement that the seller breached, there may not be any remedy available unless they can prove that a seller took steps to conceal known deficiencies.

In Bolduc v. Legault, 2023 ONSC 1192 (CanLII), the buyers sued the seller for the costs of remediating water and foundation deficiencies to a residential home in Sudbury, Ontario, which they purchased in 2014.

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