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[hugh_da_man]

Probably not ... its an inspectors opinion and if the home owner does the caulking job and the "issue" isn't there any more (cause it hasn't down poured and water leaked since the fix" ... no issue.

In addition ... as a home seller, what are you required to disclose? That the sump pump may not be working right? That a tile in the laundry room is cracked? That the baseboard in the living room behind the sofa has a crack in it? Not that I am saying you shouldn't disclose it is just a matter of how much are you supposed to. I don't know as I haven't sold a house in 5 years and it wasn't in Canada.

You have to disclose any defects with the house. So you can't sell your house in summer to avoid the fact that the roof always leaks in the winter. You'd have to disclose to the buyer the fact that the roof leaks. You're usually best to disclose everything of significance because those are usually the things that someone will sue you over. A crack in a wall isn't going to lead to the buyer suing you but a constant roof leak that you don't report would probably end up in the seller getting sued for the cost.

[mirek]

You have to disclose any defects with the house. So you can't sell your house in summer to avoid the fact that the roof always leaks in the winter. You'd have to disclose to the buyer the fact that the roof leaks. You're usually best to disclose everything of significance because those are usually the things that someone will sue you over. A crack in a wall isn't going to lead to the buyer suing you but a constant roof leak that you don't report would probably end up in the seller getting sued for the cost.

That's what I mean, when I bought my condo, the previous owner had a disclosure paper that she had to sign, and it had a bunch of questions, like are you aware of any <this> or any <that> and she had to initial each one under no. Maybe it's just a BC thing?

[pintobean]

That's what I mean, when I bought my condo, the previous owner had a disclosure paper that she had to sign, and it had a bunch of questions, like are you aware of any <this> or any <that> and she had to initial each one under no. Maybe it's just a BC thing?

No it's not just a BC thing. Ontario has this document too. It's called a Seller's Property Information Statement (SPIS). If you're buying a home, it is recommended that you insist on getting one...however if you're selling a home, it is recommended that you refuse to sign one. Kinda funny really.

Here are three articles from the Toronto Star's Real Estate Law "expert" advising NOT to sign a SPIS if you're a vendor...
http://www.aaron.ca/columns/2007-06-30.htm
http://www.aaron.ca/columns/2007-09-08.htm
http://www.aaron.ca/columns/2008-06-28.htm

[1yellowdog]

It would certainly raise a "red flag" if the seller didn't complete a SPIS.
I read the same articles Pintobean provided links to and forwarded them to my real estate agent who freaked when I suggested I wasn't going to complete one upon the sale of my home
Personally I would walk away from this one and find another house, why buy someone elses problems?
Surely there are more homes out there that aren't leaking.

[Hugh Jass]

Has this water caused any problems with the foundation? When was that patio laid? It's hard to know the answer to the first question without a closer inspection of the foundation, but for all you know, there could be major problems down there.

[MacGyver]

I bought a 15 year old townhome four years ago. Two years ago, we too had a torrential downpour (something like 5-1/2 inches in less than an hour) and we ended up with water coming in the basement at the front and back of the house. There was enough water at the front that it completely soaked the carpet, and we ended up replacing it.

I have never seen water in the basement before that or after, so this might be a one time thing in your case as well. Or it might not. Just some food for thought.

[Krox]

No it's not just a BC thing. Ontario has this document too. It's called a Seller's Property Information Statement (SPIS). If you're buying a home, it is recommended that you insist on getting one...however if you're selling a home, it is recommended that you refuse to sign one. Kinda funny really.

Here are three articles from the Toronto Star's Real Estate Law "expert" advising NOT to sign a SPIS if you're a vendor...
http://www.aaron.ca/columns/2007-06-30.htm
http://www.aaron.ca/columns/2007-09-08.htm
http://www.aaron.ca/columns/2008-06-28.htm

Interesting read. I haven't sold a home yet but I know we didn't have an SPIS when we bought. I've assumed buying a home is 'as is' (unless it is a new home). That's why you get a building inspection. Although, I know you can't purposely hide things or mis-represent.

Still I had no ideas about the SPIS, but I can certainly see why a seller should be cautious about signing them.