The plaintiff purchased a home with a leaky basement and sued the vendors, her real estate agent, and the home inspector for damages.
The court dismissed claims against the real estate agent for failure to establish the standard of care and causation regarding Tarion warranty advice.
Claims against the vendors were dismissed based on the rule of *caveat emptor*, as active concealment of defects was not proven, despite their likely knowledge of the issue.
The home inspector was found negligent and in breach of contract for failing to inspect the exterior foundation and report obstructions, but an exclusion clause in the inspection agreement limited damages to the cost of the inspection ($325).
