[avujkov]

Hi, the question is real estate related.
The home was purchased in 2001.
Inspection clause inserted, but the inspection was not done at the time on the property
The Family became sick ( colon cancer, skin cancer, allergy, headache)
Mould discovered in 2008
Is it considered a personal injury caused by the mould? Is the Real Estate Agent in fault because she did not push to have the home inspection done?

Location:
Toronto, Ontario, Canada
Property type: Condo Townhome



Thanks
Respectfully

Magamnak

[tickle]

Actually, you are the one that should have pushed to have the home inspection done. Why did you not have it done? It is in your own best interest for multiple reasons. Many older townhouses/condos in the greater Toronto area and if it was asbestos mould, then yes, it would be a problem.

Respiratory ailments are caused by air borne mould but I have never heard of any cancers, unless respiratory, meaning in the lungs.

I suggest you take this inquiry to the realestate board in Toronto to clear up any misunderstandings; then a thorough investigation can be done. If you sincerely believe the mould was the problem then you have to step up to the plate and make your concerns known to the proper authorities in Toronto. Be prepared for many inquiries into this situation.

Edit: Pre-existing medical conditions prior to you moving in would be seriously considered.

Tick

[Fr_Chuck]

No, you as the buyer are responsible, not the selling agent for getting a home inspection, in fact the selling agent would prefer you don't.

If you had a buyers agent working for you, they should have made sure you knew that you should.

But after this time frame, there is no way to prove it was in the home at the time of purchase, I see no valid evidence to support a law suit

[avujkov]

The buyer's agent had a full disclosure about the importance of the home inspection, but the buyer refused to follow the advice. The home was newly renovated, in spotless condition at the time of purchase.

[Fr_Chuck]

The buyer agent can not force the buyer to do anything, there really is nothing that requires the agents to do an inspection.

The seller may also have a inspection done to protect their rights when selling.

Even if done, often hidden mold or other damage can not be found, and most inspectors in their contracts are free from liability.

If mold was hidden behind walls, no one would have ever seen it with normal inspection

[tickle]

The buyer's agent had a full disclosure about the importance of the home inspection, but the buyer refused to follow the advice. the home was newly renovated, in spotless condition at the time of purchase.

So you aren't the buyer? You are a friend inquiring about this problem? If the buyer didn't follow the instructions about the home inspection, then the buyer is at fault, not the realestate agent. Or am I not getting the gist of this ? Or is there more to this inquiry then you are not stating?

I assumed you were the buyer inquiring if the realestate agent was at fault for not insisting on a home inspection, which in fact, is the buyer's responsibility.

If the home was seen to be in spotless condition, newly renovated, doesn't necessarily mean that it was renovated down to the joists to remove mold.

Tick

[Fr_Chuck]

Now of course anyone can sue anyone, you can sue the next door neighbor for not telling you if you want ( won't win) but if you are the real estate agent, or perhaps the seller, of course you can be sued, but very doubtful you would lose

[avujkov]

I am the buyer's agent...

[tickle]

The home was purchased in 200l; so the home inspection should have been done by a qualified home inspector (and they are licensed in Ontario) who are licensed to be very thorough. The home was lived in for seven years. I don't think you have any recourse here. No inspection, ergo no fault for anyone involved in the sale of the property. The fault is with the buyer who didn't follow procedures in having an inspection done (which is not compulsory by the way).

Tick

[avujkov]

Thanks Tick, thanks Fr_Chuck... that is how I see it... But it is still going to be a legal case... The Buyers are going to do whatever it takes to get out some money blaming everybody but themselves...

[Fr_Chuck]

Which is why of course, here in the US all real estate people always need Errors and Omission insurance in case they get sued.

[tickle]

That's to bad, I hope you are not involved.

Tick

[avujkov]

... we have Errors and Omission insurance in case we get sued. The licence can not be renewed without it. No trade in real estate if it is not lpaid!The only issue is, since the clients stated, that they became ill, the insurance does not cover the case. No legal representation for a such a case...

[tickle]

So that means, no insurance, no coverage in case you are sued ? But, they don't have a case. Their medical issues will come into play and also pre-existing medical conditions (colon cancer must be one of them, also skin cancer). As I said, mold creates respiratory conditions.

Basically, who are they actually sueing ? The real estate agency and the agent ?



Tick

[avujkov]

The City of Toronto, the Builder, the Condo Corporation, The Management, TheManager, The previous owner, The Real estate Agent, and that is me, and the Brokerage.
I still have to defend myself...
I have the insurance but no legal representation, so I hired my own lawyer...

[tickle]

Oh god, then the best of luck, avajkov, please keep us posted how this progresses. It should be an interesting roller coaster ride ! Keep your spirits up.

Tick

[Fr_Chuck]

Even with insurance you always still hire your own attorney, but if they are telling you, that you did not "tell"them about the inspection, that is an "ommission" so you may have to ( if you lose somehow) in return sue them.

[avujkov]

Ups... I did not quite understand it... I already know that this is what they are going to try to... too bad that I have signed up with my name and everything here can be googled... so, they can look up this conversation easily...