Ask your salesperson and lawyer to step in
I purchased a property and later found an issue that was not visible during my home inspection, due to snow accumulation around the house. What should I do?
As the buyer, your options for recourse are dependant on the type of issue or the damage uncovered, your own due diligence, the seller’s responsibilities outlined in the agreement and their legal obligations if it would have been reasonable for the seller to have been aware of it before the transaction closed.
A good first step is to notify your salesperson of the issue to see if it can be resolved through discussion with the seller.
Buyers and sellers are often able to remedy unexpected surprises and issues amicably, avoiding escalation to the courts.
Approaching such situations with a desire to be flexible and understanding in finding effective solutions for their clients is something salespeople do well.
You should also notify your real estate lawyer of the issue and ask what your options are should you fail to come to a suitable outcome.
Depending on the counsel you receive from your real estate salesperson and lawyer, you may wish to have the home inspector revisit the property to provide a followup assessment.
In the interim, it may be wise to take photos of the issue for future reference.
For readers purchasing a home, speak with your salesperson about co-ordinating a followup property visit on a mild day to thoroughly view the property’s exterior and raise any concerns with the seller before the closing date of the sale.
If selling a property during the winter months, speak with your salesperson and real estate lawyer to fully understand your contractual responsibility to maintain the property between the time you accept an offer and the closing date of the transaction.
In most transactions, upkeep and maintenance for the land, any dwellings and other structures included in the sale remain the responsibility of the seller until the transaction closes.
It is in every seller’s best interest to take steps to ensure that the buyer takes possession of the property in the condition agreed to in the agreement of purchase and sale.
In my case, the seller of my home dealt with clogged eavestroughs before I took possession. Had they not, I might have had water issues come the spring thaw.
If you’re unsure of what your obligations are, ask your salesperson and lawyer.
For example, even if a seller vacates a property prior to the closing date, they are responsible for maintaining it until the new owner takes possession.
This includes snow removal from sidewalks and walkways, keeping heat on to prevent pipes from bursting due to freezing, and maintaining insurance on the property. When everyone fulfils their obligations in a transaction, everyone wins.
If you have a question about the home buying or selling process, please email information@reco.on.ca. is registrar of the Real
Twitter: @RECOhelps. This column is for general information purposes only and is not meant as legal or professional advice on real estate transactions.