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Normally you can sue the previous owner for the hidden defects of the house if the seller didn't claim that the sale has no legal warranty. If the sale does not have legal warranty , you can sue the inspector.
You better go ask a lawyer, if you really want to sue them.
Following is a fragment of a article related to this subject I found here http://www.canadianlawsite.ca/realestate.htm
Representations and Disclosure of Defects
When buying a home, both the buyer and the seller have responsibilities. The buyer has a responsibility to use "due diligence" to inspect the property in order to discover any "patent" defects. Patent defects are those that are not hidden and may be discovered by a reasonable inspection. There is a rule called "caveat emptor" (or buyer beware) that means that if the buyer does not inspect the property, he cannot later complain of defects which are not inconsistent with the seller's representations about the property.
However, the seller (or their agent) may not conceal or mislead the buyer about defects that would otherwise be evident. Such action could be fraudulent, thereby permitting the buyer to cancel the contract.
Besides patent defects, which are obvious, there can also be "latent" defects. These would not be revealed by a reasonable inspection. Although there is no implied warranty that a property is of any particular quality, if the seller knows, or could be expected to know that the buyer would not purchase the property if they were aware of the latent defect, the seller has a responsibility to disclose such defects to the buyer.
In general, if the seller did not commit fraud, the buyer can not legally complain if he or she finds a defect in quality, for example a leaking roof, after the sale. Therefore, before the sale, you must investigate the property fully. Some buyers make the purchase subject to inspection of the house by an expert, usually a certified home inspector.
Standard-form contracts of purchase and sale provide that there are no representations, warranties, guarantees, promises, or agreements except those contained in the agreement. If the seller makes representations ("promises") about the quality of the property have them written into the agreement. The buyer asks the seller to make written representations about the quality of the property in the property condition disclosure form. The seller responds to a list of questions which becomes part of the contract.
If you are buying a new house, you will similarly need express written warranties as to the quality of the building and agreement that the builder will repair defects found during the term of the warranty. Some builders provide warranties under the New Home Warranty Program. |
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