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make sure home seller’s promises are met before closing

by:NULITE     2019-09-27
A small claims court ruling issued last year highlighted the importance of the cautious wording promised by the seller in the buy and sell agreement.
Tracy Lynn Robinson bought a house in Milton, Ontario in March 2014.
From Caroline Anne Hobbs. Lingard.
In the purchase agreement, the seller undertakes to fix the device and move the item (chattels)
Upon completion, the purchase will be in good working condition.
In the second warranty in the agreement, the seller also promised that the pool and equipment would be in good working condition after the transaction was completed.
Before the house purchase agreement was binding, Robinson hired a house inspector to inspect the house.
The closure took place on May 30, 2014 and Robinson took over on June 6, and two days later a joint gas representative appeared to inspect the stove
As a condition to open home gas services. He “red-
Mark \"the stove and issue an order to require the replacement of a ventilated liner and sleeve that is rusted and corroded.
A heating contractor later told the new owner that the heat exchanger in the furnace was defective and had to be replaced.
Photos taken when installing the new furnace next month show that the old furnace is rotten and rusted inside.
Ten days after the closure, a pool contractor came to the House to inform that the pool pump and the solar automatic controller were not working and needed to be replaced at a cost of $1,778.
Robinson suing Hobbs
Lingard\'s new furnace and pool repair costs in the small claims court totalled $6,016.
Last year, the trial took place before Vice Judge Kenneth clantas.
In the investigation into the buyer, the deputy judge ruled that the warranty expired on the May 30, 2014 deadline and that it was the buyer\'s responsibility to determine whether the pool equipment and stove were working before closing --not after.
It seems to me that the decision of the court is wrong.
It is obvious from a post
Closed check of pool equipment and stove that could not be operated some time before closing.
However, the court held that the only question was whether the items were being closed.
In his decision, the judge wrote: \"When such statements and guarantees are given, the purchaser should check the property before closing the door to ensure that the vendor\'s guarantee is true.
\"Otherwise, if the buyer finds a problem with the condition of the security fixture, movable property or property after the transaction and they have no evidence. . .
There is this issue at the time of closure and they will not successfully file a claim for breach of warranty. . .
\"Lesson from the case: Bob Allen is a real estate lawyer in Toronto.
Bob @ aaron can contact him.
On his website, Aaron.
Ca and Twitter @ bobaaron2.
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