“But there wasn’t time”…… When it comes to the biggest purchase in your life – Make Time

Post- purchase complaints

A common occurrence we see in our Nova Scotia law firm is buyers who have a complaint about their new home AFTER the deal is closed. Unfortunately, it’s often a complaint that falls squarely within the buyers due diligence conditions, which they waived during the purchase process. Most often, the excuse is that there “wasn’t time” to arrange for the proper tests, inspections etc. within the condition timeframe.

It is critical to make time for proper inspections and tests

The bottom line from a lawyer is: make time.  Ever heard the term “buyer beware” ? – it is real and has major consequences when buying a property.

You cannot let the seller, your agent, or anyone else to rush you. This is arguably one of the biggest purchases, and liabilities you will take on in your lifetime.

It is extremely hard to recover costs, or have something repaired at the expense of the seller after closing unless it is catastrophic (I.e. worth starting a lawsuit over) and would not have appeared during the inspection or testing.

When you waive conditions, you are accepting the house ‘as is’

This applies to home inspections, septic inspections, well testing etc.  Once you waive your condition you have told the seller that you are satisfied whatever condition it is in – if you didn’t check that is not their problem.

Buyer Beware - there is no onus on the seller to inform the buyer of patent defects

There is no onus on the seller to go out of their way to make sure that you are getting what you hoped for – those conditions are built into your contract for your own protection. 

The seller only has to disclose latent defects - those not readily discoverable during routine inspection or testing. To learn more about what the seller is obligated to disclose check out our blog on the difference between patent and latent defects.

If you lose a bid because you insist on having an appropriate window to properly fulfill your conditions then perhaps better to lose it than get stuck with an enormous issue on the backside.

For more helpful hints on how to protect yourself during a residential property purchase in Nova Scotia, check out our blog on the topic.

You can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Issue Review Consult for $250+HST where you have the opportunity to explain your situation to a lawyer and get basic advice before deciding whether or not you'd like to retain us.  

By: Briana C. O’Grady J.D - Lawyer

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers