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Q:

I purchased a home within the last year. The disclosure statement did not indicate there was a problem with insects, ants to be specific. However, within days of completing the disclosure statement, the previous owners contacted and hired an exterminator. Subsequently, we have found the ants to be a potentially serious problem. I am wondering about remedies I may have and if there is a time limitation.

A:

In the Province of British Columbia, the vendor must answer the questions in the disclosure document to the best of his knowledge at that time. Did the disclosure staement ask specifically whether there was a problem with insects? And if so, did the vendor know of the problem at the time he completed the disclosure document? Perhaps the vendor discovered the problem after he completed the disclosure document, and acted accordingly. Did you conduct your own inspection? Although you may be entitled to a remedy if you could prove that the vendor misrepresented (fraudly or otherwise) the property, misrepresentation, and especially fraud, are extremely difficult to prove.

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