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Thread: Hidden construction defect

  1. #1
    Join Date
    Jan 2017
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    2

    Default Hidden construction defect

    Hi,
    I bought a top-floor condo unit more than a year ago, and learned only recently that the estate had been suing the developer for more than 2 years now, because of some construction defects on the roof. This is indeed causing some leaking in my flat, pretty annoying..

    What's even more annoying is that no one ever made any mention of this to me when I purchased the flat. But who to blame? By law, shouldn't have I been informed by the agent, or the previous owner?
    Also, given that the current legal case is set to last for years, what recourse do I have to get someone to fix this and pay for it?

    Thanks!

  2. #2
    Join Date
    Jun 2009
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    Southbank
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    9,531

    Default

    Caveat emptor.

  3. #3
    Join Date
    Mar 2016
    Posts
    18

    Default

    Seaview?

  4. #4
    Join Date
    May 2008
    Posts
    9,279

    Default

    Quote Originally Posted by JulinSing View Post
    Hi,
    I bought a top-floor condo unit more than a year ago, and learned only recently that the estate had been suing the developer for more than 2 years now, because of some construction defects on the roof. This is indeed causing some leaking in my flat, pretty annoying..

    What's even more annoying is that no one ever made any mention of this to me when I purchased the flat. But who to blame? By law, shouldn't have I been informed by the agent, or the previous owner?
    Also, given that the current legal case is set to last for years, what recourse do I have to get someone to fix this and pay for it?

    Thanks!
    Is this project the seaview? if it is, then it had been all over the news in the past 2 years so i'm afraid u can't hold the agent or previous owner to it. had u asked and they lied then yes they are liable but it appears that u did not ask based on what u wrote above.

  5. #5
    Join Date
    Jan 2017
    Posts
    2

    Default

    Quote Originally Posted by bargain hunter View Post
    Is this project the seaview? if it is, then it had been all over the news in the past 2 years so i'm afraid u can't hold the agent or previous owner to it. had u asked and they lied then yes they are liable but it appears that u did not ask based on what u wrote above.
    No it's not that project, and it was impossible to spot unless I was visiting during a heavy rain. I did ask a lot of things at the time, but nothing that specific. So it appears I'm screwed... Quite unfair. It was clearly hidden from me.

    Thx anyway

  6. #6
    Join Date
    Jan 2017
    Posts
    171

    Default

    Quote Originally Posted by JulinSing View Post
    No it's not that project, and it was impossible to spot unless I was visiting during a heavy rain. I did ask a lot of things at the time, but nothing that specific. So it appears I'm screwed... Quite unfair. It was clearly hidden from me.

    Thx anyway
    It is the responsibility of the seller, and his agent (if the agent is informed of the defects), to voluntarily declare any defects including latent defects to the buyer. The term "Caveat Emptor" means reasonable care in a purchase, not giving a blanket discharge of warranty.

    Please google for "Latent Defects".

    While not in all cases that the owners are aware of latent defects (for example, termite infestation that has not became apparent yet), in this case the owner is clearly aware of the leaking roof. I suggest consulting your lawyer to sue the owner for damages (cost of temporary measures to minimise leakage entering your unit, and any inconveniences etc your lawyer could devise). A lawsuit, like in this case, is often a poker game to see who blinks first, so it is obvious that you are willing to pursue to the end once a summon is commenced. The likely outcome will be an offer (of an amount of money) to stop the lawsuit.

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