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Posted on December 5, 2017 | Posted in Five Liners, Real Estate

Powell v. Lojko 2017 Ont SCJ

Purchaser wanted desperately to purchase a particular house. She ignored the vendor’s home inspection summary alerting her to a leaking skylight. Instead of insisting upon receiving the full report, purchaser put in an unconditional offer which was accepted. It was determined later that the house, to the knowledge of the vendor, had problems with leaks and mould in the basement. The purchaser settled with the vendor but took its action against the real estate agent to trial. The judge held that the plaintiff was 25% liable for the damages, the real estate agent was liable for 25% of the damages, and the remaining 50%, allocated to the vendor, was merely 100% minus the contribution of the plaintiff and the real estate agent. This was a very unusual way of divvying up responsibility. Normally, a judge takes the whole liability and then creates percentages. The real estate agent was 25% liable because the judge held that she had a duty to advise the purchaser to obtain the full report or obtain the report of an independent home inspector and, in default, to advise the purchaser of the risk of submitting an unconditional offer.

 

Jonathan Speigel

 

Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.

 

 

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