As a homeowner or prospective buyer, you have the right to know about any potential issues with a property before making a purchase. This includes any deaths that have occurred on the property, particularly if they were violent. However, the question remains: can you sue a home seller for not disclosing a violent death in a home in Ontario?
In this blog, we will examine the current laws and regulations surrounding the disclosure of deaths in homes for sale in Ontario, and what your options are if you feel that a seller failed to disclose such information.
Laws and Regulations in Ontario
In Ontario, there are no specific laws or regulations that require a seller to disclose the death of a previous occupant, regardless of the circumstances of the death. However, this does not mean that a seller can withhold important information that may affect the value or safety of a property.
The Ontario Real Estate Association (OREA) recommends that sellers be transparent about any known issues with the property, including deaths that have occurred on the property. This is to ensure that the buyer is fully informed about the property and can make an informed decision.
If a seller withholds information about a death on the property, the buyer could potentially bring a claim for misrepresentation or fraud. This would require the buyer to prove that the seller knew about the death and intentionally withheld the information and that the buyer would not have purchased the property if they had known about the death.
The Duty to Disclose
The duty to disclose is a legal principle that states that a seller must provide the buyer with all relevant information about a property. This includes any known issues or potential hazards, such as a violent death on the property.
If a seller fails to disclose information that would affect the value or safety of the property, they may be liable for any harm that the buyer suffered as a result. This can include the cost of repairs or remediation or a decrease in the value of the property.
The key factor in determining whether a seller has a duty to disclose is whether the information is material. This means that it is information that would reasonably be expected to affect the buyer's decision to purchase the property.
In the case of violent death, it is likely that the information would be considered material and that the seller would have a duty to disclose it. However, this would depend on the specific circumstances of each case and whether the information would be considered to be important to a reasonable buyer.
Suing for Non-Disclosure
If you believe that a seller failed to disclose information about a violent death in a home, you may have a legal claim for misrepresentation or fraud. To bring a successful claim, you must prove that the seller knew about the death and intentionally withheld the information and that you suffered harm as a result.
In order to prove that the seller knew about the death, you may need to gather evidence, such as public records or eyewitness testimony. You will also need to show that you would not have purchased the property if you had known about the death.
If you do have a valid claim, you may be able to recover compensation for any harm that you suffered, such as the cost of repairs or a decrease in the value of the property. In some cases, you may also be able to recover punitive damages, which are intended to punish the seller for their conduct.
Conclusion
In Ontario, there are no specific laws or regulations that require a seller to disclose a violent death in a home. However, the duty to disclose requires that sellers provide the buyer with all relevant information about a property, including any known issues that may affect the value or safety of the property.
There were two notorious murders in Toronto where the bodies were placed on display in the indoor swimming pool area. The property had been on the market for $7,000,000.
It didn’t sell.
Everyone knew about the murders and the family had to demolish the home and sell it as a vacant lot in order to get it sold.
This sale was finalized for $2,000,000, $5,000,000 less than the initial listing price of the home.
This stigma had a price tag of $5,000,000.
Posted by Frank Polsinello on
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