A buyer waives their home inspection condition but discovers after closing that the furnace is not functional. The seller was unaware of this issue. What is the buyer's most likely legal recourse?
Correct Answer
A) Limited recourse as the condition was voluntarily waived
When a buyer voluntarily waives an inspection condition, they generally assume the risk of undiscovered defects, particularly when the seller was unaware of the problem and made no misrepresentations. The waiver demonstrates the buyer's acceptance of the property in its current condition, limiting their recourse for subsequently discovered issues.
Why This Is the Correct Answer
Option A is correct because voluntary waiver of inspection conditions transfers the risk of undiscovered defects to the buyer. Under Canadian contract law and provincial real estate legislation, when buyers knowingly remove protective conditions, they accept the property 'as is' and assume responsibility for its condition. Since the seller was unaware of the furnace issue and made no misrepresentations, the buyer has limited legal recourse. The waiver demonstrates informed consent to accept potential unknown defects, making this the most accurate legal position.
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A buyer submits an offer with a home inspection condition that must be satisfied by 5:00 PM on Friday. At 3:00 PM Friday, the buyer's agent emails the seller's agent stating the inspection condition is waived. What is the legal status of this waiver?
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