Latent defect to property not disclosed by sellers

cherjam

New Member
Jurisdiction
British Columbia
I bought a house 2 years ago. On disclosure form sellers declared there had been water damage to o a beam which had been repaired. They said there was no known latent defects to house or structural damage.
Home inspection was carried out without concern. We moved in 1.5 years later we noticed a drip. Structural interior beams were covered in cladding. On removal of cladding to locate leak we discovered huge structural damage… there was evidence rot had been attempted to be patched over several times by previous homeowners unsuccessfully basically filled huge holes with several tubes of fpoxy filler and stuck new wood on top of rotted wood. We called back the home inspector who was horrified by what he saw saying they were not legitimate repairs and sellers had lied on their disclosure form about there being no structural issues or latent defects. Do we have a strong case since they did mention water damage that had been fixed? contractor Quoted 15k to replace compromised beams and posts. Car jack on post currently holding second floor and roof up. Can we go ahead with repairs before approaching them for compensation? Worried house currently structurally unsound and open to elements. Contractor wants to start work monday but will be before i get a chance to speak to lawyer.
 
At the two year point, long after you had closed, you have no recourse on the sellers.

The "patches" and "huge holes" should have been noted and further dealt with by your home inspector, who is just trying to cover tracks at this point.

Your attorney will advise as to who to go after on Monday, if anyone.
 
Interesting. In the uk. Seller can be claimed against up to 6 years after sale. What are you basing your response on? I wish i could attatch photos… the " repairs" were shockingly bad! They were hiddrn by new cladding over old beams. Lots of evidence seller knew about the defects especially since he built the house and the plans he drew up show it is structural veam. He couldnt be bothered to fix it properly, coveted it up and put house up for sale.
 
Can we go ahead with repairs before approaching them for compensation?

If you proceed with rehab BEFORE speaking to an attorney or two, you might be stuck with the entirety of the costs.

If you have home owner's insurance, it can't hurt to ask your agent or one of their claims adjusters if you have any recourse through your insurer.
 
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