The plaintiffs, Aden and Shirley Bowman, purchased a home that was later discovered to have severe undisclosed water and mould damage.
They brought an action against the vendors (Alma and Shelley Emond), their home inspector (Paul Studholme), and their real estate agent (Suzanne Martineau) and brokerage (Re/Max Hallmark Realty Limited).
The court found the real estate agent negligent for failing to provide and review the Seller Property Information Statement (SPIS) and for not disclosing known ongoing roof leaks.
The vendors were also found liable for concealing serious and ongoing leakage.
The home inspector was found not liable.
Liability was apportioned 70% to Martineau/Re/Max and 30% to the Emonds.
Damages were awarded based on the cost to repair the property, including consequential damages from foundation heaving, and out-of-pocket expenses.
