How long after can someone sue you? I sold my home to someone in April, can he still sue me for defect, or is it too late?
2007-01-30 04:20:25 · 3 answers · asked by adiliber 2 in Politics & Government ➔ Law & Ethics
If you knew about a defect and he can prove it, that's called 'Fraudulent Misrepresentation" and you can be sued within 5 years of closing. If you didn't know about it or if he can't prove you knew about it, it's "Innocent Misrepresentation"......he has 1 year from closing to seek relief through the courts.
...so when he mentions it.....act surprised.
2007-01-30 04:31:09 · answer #1 · answered by Jack 6 · 0⤊ 0⤋
Each province has its own limitations provisions. In BC, on the basis that the claim is for breach of contract, the purchaser would have 6 years to sue, with the time running from the time s/he knew or ought to have known of the defect giving rise to the right to sue.
In your case, the purchaser would be well within the time limit for claiming. You should seek legal advice ASAP after receiving service of the claim so that you can put in your defence and avoid being the subject of a default judgment.
2007-01-30 20:12:58 · answer #2 · answered by Eric W 3 · 0⤊ 0⤋
He bought the home...it's his defect to deal with. How can he prove the defect was there before he bought the home? As a judge i would throw out the case if he can't prove this.
2007-01-30 12:31:30 · answer #3 · answered by Jerry H 5 · 0⤊ 0⤋