Scenario’s

Scenario #1 – A potential client walks in…..he explains to you that he is the seller of a house in the City. The purchaser is suing him for the max at Small Claims for issues that were discovered after the purchase and sale of the house closed. The potential client tells you that during one of the purchasers viewings, they pointed out 3 issues. 1) the garage door needs to be replaced, 2) the insulation in the crawl space above the house needs to be replaced, and 3) the basement needs to have a full kitchen installed. The potential client tells you that the purchasers requirements were put into the Agreement of Purchase and Sale (APS) as conditions to be satisfied before closing. At closing the parties signed the APS to indicate that the conditions were met but upon moving in, the purchaser discovers that conditions 1 and 2 were not met and was done poorly leading to a burst water pipe that flooded the basement. Create an opinion letter outlining your potential client’s options and the possible hurdles they might run into. Also take a look at the Legal Doctrine of Merger and determine whether it can support or go against your client.
https://www.canlii.org/en/ab/abpc/doc/2005/2005abpc252/2005abpc252.html?searchUrlHash=AAAAAQAcZmxvb2RpbmcgdG8gaG91c2UgYWZ0ZXIgc2FsZQAAAAAB&resultIndex=5

Scenario #2 – A potential client walks in….she explains that she is the purchaser of a house in the City. She wishes to sue for the max at Small Claims. She explains that the APS closed on June 1, 2017 and ten days after moving in the basement floods. She attempts to contact the seller who tells her to pound dirt and she’s now suffered damages. She informs you that since the seller is unwilling to help her, she goes and looks for an expert on her own to repair and waterproof the foundation. On November 10, 2019, during one of the appointments, the expert advises her that he had been to her property in the past and had examined an issue with the foundation. He indicates exactly where the issue is locates and points out a 1.5 inch hole leading directly into the foundation of the house. Create an opinion letter outlining your potential client’s options and the possible hurdles they might run into. Examine the concept of Patent and Latent Defects how that might play a role at trial. Also keep the relevant dates in mind, if the client wants to start a claim today, would there be a potential limitation period to contend with?

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