Patent and Latent Defects

 

Many properties in Calgary have recently been renovated. A shortage of skilled trades has contributed to renovations being completed without proper permits or failing to meet building code standards. Two recent court decisions have dealt with renovations. The analysis of what constitutes a latent or patent defect is very useful.

 

Calder v. Martin (2007) Alberta Provincial Court 


Mr. Martin, the seller, decided to renovate the unfinished basement in his house to improve its marketability. Mr. Calder, the purchaser, viewed the house when the renovations were substantially complete.
 
Mr. Calder employed a home inspector to prepare a report on the property. The inspector performed a limited electrical inspection and his report indicated a more thorough inspection by a qualified electrician would be necessary for verification. The wiring in the basement renovation violated Building Code regulations. This was not discovered in the home inspection. Mr. Martin argued that the electrical code deficiencies were patent defects discoverable upon inspection.

 

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Welcome to the Real Estate portion of Kahane Law website.

There are many links to many online articles of our own as well as goverment and other agency websites. Feel free to contact us if there is anything else that you would like to know about. Also, contact us if there is any information and/or links that should be on our webiste and is not currently.

Legal and Financial

In this section you can find information about buying, selling and refinancing your home are explained as well as the documents (incl. real property reports and cert. of compliance) and procedures involved in your house transaction. A discussion of taxes and TIPPs is included as is a mortgage calculator.

Financial assistance and rebates (incl. GST rebate) are available for when you buy and when you own a home. See if you are elegible for any assistance. Groups also included are seniors and those with disabilities.   Disaster assistance is included in the Maintenance and Emergency section.


 

Building & Permits

Deciding to make some changes? This section deals mainly with pre-owned homes. Renovations to major traffic areas of your house like kitchen and bathroom increase the value of your home the most effectively. Other areas like outdoor decks and landscaping do as well.

A lot of common items like decks, fences etc. might require that you get a permit. Read the articles to see if your project needs one.  Do you contract or hire your work out - view a discussion and the pitfalls before you get into trouble.

There is also some tips on building some outdoor projects. Closely linked with these projects are repairs of other parts of your house. Refer to the section Maintenance & Emerg. for more information for indoor and outdoor items. 

Building concerns for those with special needs or disabilities including seniors can be linked from the financial assistance articles.


 

 Health Concerns

Out new technology makes houses cheaper, stronger and more reliable (i.e. fire) than in previous years. However, as time goes on, we know more about the chemicals used in our homes. Sort fact from fiction with the articles in this section. Also related to theses articles are those in the Maintenance & Emerg section.

Useful Information

This section includes handy contact numbers for those purchasing homes and home owners, information and links for those who are becoming land lords, are land lords or are tennants themselves.

A lot of the articles previously in this section are now in the 'Legal and Financial' section.


 

Crime & Security

There are things you need to be aware of when buying your house. Articles about the major risks of previous tenants are listed. If damage has occurred because of any of these types of crimes, see the Real Estate Building & Projects section as well.


 

Maintenance & Emergencies 

Keep the value of your home with proper and regular maintenance. If your house is relatively new or a home orinial in decades past, there are many things you can do proactively to protect your investment.

Indoor maintenance of large applicance like furnaces and permant fixtures like the care of windows are key to keeping the value of your home. Considerations of outdoor trees, grading etc. are included in the articles in this section as they relate directly to some 'home made' disasters.

For disasters caused by nature and/or sources outside your own family, there is hope and financial assistance as well.

Because it takes hard work to make your money also click on the articles to the many consumer tips listed for large ticket items (septic, furnace, heating sys.) and smaller items  as well BEFORE YOU BUY or repair. Lastly, there are some energy saving tips for the more enviromentally conscious homeowner as well.