Hidden defects in houses

Hidden defects in houses

A buyer cannot assert defects that the buyer should have discovered through an inspection of the property that was warranted given the condition of the property, the normal characteristics of comparable properties, and the circumstances of the purchase.

The buyer has a comprehensive duty to inspect, which means that the buyer must bear responsibility for defects that they have discovered or should have discovered at the time of purchase. If the buyer conducted an inspection that fulfilled their duty to inspect but the property still has a defect, it may be considered a hidden defect.

The seller is responsible for hidden defects, defects that could not have been detected by an inspection conducted by a reasonably intelligent and experienced person. For hidden defects, a seller is liable for ten years after the sale. If the house has hidden defects for which the seller is responsible, a buyer can demand a price reduction or rescind the purchase if the defect is significant. The buyer can also claim damages if the seller made a representation or was negligent

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