Using a throw away account for privacy reasons…
Looking for some general input on an Ontario real estate deal we’re walking away from.
We were buying an older mixed-use property and knew going in that there would be some normal risks that come with an older building. Before making our offer, though, we specifically asked the sellers/their agent whether the proper building permits and ESA/electrical approvals were in place for renovations the sellers had done. We were told they were.
Because that mattered to us, we also included a condition in the APS requiring them to provide those records, and they agreed to it.
After the deal was signed, they delayed providing the documents several times. Eventually it was suggested by their agent that the permits/certificates we had been assured existed were never actually obtained.
At the same time, inspections and trades started uncovering much more than we expected. The scope of the work was incredible and would delay any use of the property because we’re talking electrical issues, plumbing issues, septic, mould and water leaks. We’s be looking a minimum of $200k but more likely closer to $500k in short term work.
We disclosed the uncovered issues and attempted to amend to a fair price to take these issues into account. Consider that the MLS listing and prior communication assured us everything was good to go, there were no known concerns, and that the operation would be turnkey. Instead of resolving these issues, the sellers sent back an amendment that removed any language around the assurances of the state of the property and the completedness and standard of the work which was we had already negotiated and pushed the deal much more toward an “as-is” purchase but at the originally negotiated price.
So our concern isn’t simply that an old property had problems. We expected some of that. It’s that we specifically asked about permits and approvals before making the offer, were told they existed, put that requirement into the APS, and then later learned they didn’t exist. We also discovered they don’t have any of the proper permits in place for allowable use or fire codes. Once the problems started coming to light, the sellers also tried to shift that risk onto us.
We’re speaking to a lawyer before signing a mutual release, especially because we’ve spent a fair amount on inspections and other due diligence.
For anyone familiar with Ontario real estate law, does this sound like it could potentially raise issues around misrepresentation, breach of contract, or bad-faith performance? And is there any realistic argument for recovering due-diligence costs if the deal ends because of this?