The standard Real Estate sale and purchase contract used in Alberta is provided by the Alberta Real Estate Association. This contract is likely the same contract that both the buyer and seller will be signing during the offer/acceptance stage. In that contract, there is no requirement for the seller to disclose any defects in the property but for Material Latent Defects.
Material Latent Defects can be viewed as being those defects that are not normally or reasonably discoverable through the inspection process and that may otherwise render the property unfit or dangerous to live in. This would suggest the importance of your home inspection. If there is ultimately an issue in the property that is discoverable through a reasonable home inspection, you cannot later turn to the Seller for recourse for any subsequent damages you discover. Rather, you may be required to file a claim against the inspector themselves.
To have a better idea of what can be deemed a material latent defect, call the Edmonton Law Office and discuss this with one of our Alberta Real Estate Lawyers.
Request your free initial consultation to understand the legal importance of home inspections in your real estate transaction.
