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MickMcGeough · 05-01-2009, 05:55 PM

First off, yes I know I need to speak to my lawyer and will do so Monday but I'm hoping some CPers might share any similar experiences with me.

Just bought a renovated condo from a development company. Before the offer, I noticed it had an extremely loud floor in the master bedroom of the upper floor. It's not a new building and I don't mind a few creaks and groans; but this was beyond that. You could feel the floor moving beneath your feet; it appeared not to be attached to the floor joists at all. The seller had told my real estate agent to inform us that the joists would be tightened before moving in, and to include it in the offer to purchase.

My real estate agent added in the "terms of sale" in my offer to purchase contract that read "the seller to tighten floor joists before closing". This was accepted.

On the date of possession, the master bedroom floor had the same problems as before the offer. I contacted the development company and they informed me that their contractor had tightened the floor joists as best he could, and that they'd done all they could do.

What is the development company's legal obligation here? I find it hard to believe they only have to "do their best" and that it's my problem if their best doesn't happen to be enough. Are they absolved of responsibility based on the wording of the condition being "tighten floor joists" instead of "eliminate floor noise & motion"?

05-01-2009, 05:55 PM	#1
MickMcGeough First Line Centre Join Date: Oct 2002 Location: Calgary Exp:	Homebuyer / Legal Advice First off, yes I know I need to speak to my lawyer and will do so Monday but I'm hoping some CPers might share any similar experiences with me. Just bought a renovated condo from a development company. Before the offer, I noticed it had an extremely loud floor in the master bedroom of the upper floor. It's not a new building and I don't mind a few creaks and groans; but this was beyond that. You could feel the floor moving beneath your feet; it appeared not to be attached to the floor joists at all. The seller had told my real estate agent to inform us that the joists would be tightened before moving in, and to include it in the offer to purchase. My real estate agent added in the "terms of sale" in my offer to purchase contract that read "the seller to tighten floor joists before closing". This was accepted. On the date of possession, the master bedroom floor had the same problems as before the offer. I contacted the development company and they informed me that their contractor had tightened the floor joists as best he could, and that they'd done all they could do. What is the development company's legal obligation here? I find it hard to believe they only have to "do their best" and that it's my problem if their best doesn't happen to be enough. Are they absolved of responsibility based on the wording of the condition being "tighten floor joists" instead of "eliminate floor noise & motion"? __________________ Last edited by MickMcGeough; 05-01-2009 at 06:08 PM.