What’s sad is that I dance like

that, only really BAD!

The following is excerpted from a Toronto Star column by noted real estate Lawyer, Bob Aaron.

Back in the spring of 2004, Timothy and Cherese Scherbak signed a listing agreement to sell their property on Boland Ave. in Sudbury, using the services of Wendy Weddell and Re/Max Sudbury Inc. The Sellers Property Information Statement (SPIS), which they signed at the same time, resulted in years of litigation, hundreds of thousands of dollars in legal fees, and damages amounting to twice the value of the house.

Following an open house, Zoriana Krawchuk signed an agreement to purchase the house from the Scherbaks.

The offer was not conditional on financing or home inspection, and came in at $10,100 over the $100,000 asking price.

Shortly after closing, Krawchuk discovered that the entire north foundation wall and the northern portions of the east and west foundation walls had settled and were continuing to sink into the ground below. The settling resulted in the failure of proper support for the floor joists and building above.

The city of Sudbury issued a work order requiring the problems to be rectified.

Correcting the foundation problem required lifting the home from its foundations, followed by excavation, removal and replacement of the cement basement floor, foundations and subsoil, and placing the house back on the new foundations.

Moving the home caused significant cracking of the interior finish in many areas, which required further repairs.

Fortunately, Krawchuk had purchased title insurance on the closing of her property, and the title insurer reimbursed her more than $105,000.

Krawchuk was still in the red on the deal. She estimated her total damages to be $191,414.94 and sued the sellers, the agent and Re/Max.

In the lawsuit, she claimed that the sellers were liable to her for breach of contract and misrepresentation. She argued that the problems with the foundation were hidden defects, which made the house uninhabitable, and that the Scherbaks had deliberately camouflaged them by attempting to level out the living and dining room floors back in 1995.

A significant component of the Krawchuk claim was based on the SPIS completed by the sellers. The SPIS is a controversial two-page form in widespread use throughout Ontario for residential transactions.

Its stated purpose is to protect sellers by disclosing correct information about the property to buyers.

On the SPIS form signed by the Scherbaks, the question “Are you aware of any structural problems?” was answered: “NW corner settled – to the best of our knowledge the house has settled. No further problems in 17 years.”

Read the full article here . . .

When you buy YOUR next home in milton ontario, you have some things that you are really looking for; we’re thinking that this fabulous home has those things, and maybe even more!

Rare to find is a 4-bedroom home at this price-point; even rarer is all 4 bedrooms are a great size for youngsters or teens alike. I’m thinking that you want 2 full, 5-piece bathrooms, the ensuite having a separate soaker tub, instead of those tiny regular tubs and 2 sinks – well, you’ll find that here too. In fact, the Master bedroom also has a pair of Her’s & Her’s closets! Guys, if you’re lucky, she’ll share with you. Want room for a computer nook? There’s room on the upper hallway. Oh yes, let’s not forget that there are California shutters throughout the house!

How about the main floor having a Family Room AND a Living Room AND a Dining Room AND a Breakfast Area AND a Breakfast Bar? Yep, yep, yep, yep, and yep – we got ‘em all!

Walkout to the yard, that is finished with beautiful perennials, situated for evening sun, and not so big that you’ll have to spend all your free time taking care of it. That’s my kind of living – is it yours?

Take a look at all the pictures, picture how much you’ll enjoy sitting on your front porch, watching the world go by; think how great it will be to come inside directly from the garage, and start placing your furniture, coz this baby’s got it all!

Oh, and as a special bonus (hey, that’s what they say on those HGTV shows!), the basement is huge, will make a fantastic rec. room, and is unspolied so you can develop it however you want!

Seriously, what more could you want in a house that is priced to attract immediate attention, offers, and ACTION! A GREAT first action would be to go check out the full listing at our real estate web site, AllMiltonHomes.com

So, take action now, call me today, and make this one YOUR new home.

I’m always looking for new tools and in

formation to help consumers in their home buying journey. Yesterday, I learned of an online seminar all about the Ontario New Home Warranty program, administered by Tarion. Tarion is just launching it’s online seminar series, with their first offer, Understanding Warranty Coverage.

This seminar will be helpful, not only to those considering buying a new home but also those of you who bought a home with a Tarion warranty still in effect.

Check out the seminar by clicking on the picture below.

Take a look, and please leave a comment with your feedback on this information.