Residential Real Estate Research with Casey

Sellers have a duty to disclose known latent defects that affect the habitability or value of the property. Courts examine what the seller knew, when they knew it, and whether the defect was something the buyer could have discovered through inspection.

Casey returns decisions analyzing the distinction between patent and latent defects, the scope of the vendor's disclosure duty, and how courts assessed damages when sellers concealed known structural problems.

Disputes over purchase agreements can arise from ambiguous terms, failure to meet conditions, or one party's refusal to close. Courts interpret agreement terms and determine appropriate remedies including specific performance and damages.

Casey surfaces decisions examining when vendors can claim specific performance versus damages, how courts calculated losses from failed closings, and what mitigation steps vendors were expected to take after a buyer's default.

Title defects including liens, encroachments, and unregistered interests can surface after closing and affect the buyer's ownership rights. Courts address who bears responsibility and what remedies are available through title insurance or litigation.

Casey retrieves decisions analyzing title search obligations, the role of title insurance, solicitor negligence in failing to detect defects, and how courts resolved disputes between buyers and sellers over undisclosed title issues.

Neighbours often disagree about where property lines actually fall, particularly with older properties where surveys may be outdated or fences may not follow the legal boundary. Courts rely on survey evidence and historical use to resolve these disputes.

Casey returns decisions examining adverse possession requirements, the quality and duration of possession needed, how land titles systems affect these claims, and when long use of a strip of land can transfer ownership.

Buyers who discover defects after moving in may wonder whether they have recourse against the seller, the home inspector, or both. Courts examine the scope of the inspector's duty, the purchase agreement terms, and the buyer's own due diligence.

Casey surfaces decisions analyzing home inspector liability, the standard of care expected, contractual limitation clauses in inspection agreements, and how courts distinguished between obvious and hidden defects.

Delays in closing can cause significant financial harm, particularly when buyers have sold their existing home or committed to other obligations. Courts assess who caused the delay and what losses are recoverable by the innocent party.

Casey returns decisions examining recoverable closing delay damages including temporary housing costs, bridge financing charges, storage fees, and how courts assessed the reasonableness of claimed losses in failed residential transactions.