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getting sued for selling a house and not disclosing the race of neighbours?

21pro

Crotch Sniffer
Oct 22, 2003
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Caledon East
what's this world coming to?

my buddy had just been served papers... he's being taken to court for selling his house in Maple... the reason- he didn't specify that his neighbours were East Indian and the complaints include stuff like a frequent unpleasant odour from 'cooking curry outside', etc...

do you honestly think that this is something that he should have disclosed to the buyer? I can't even believe that the courts would allow them to file such an action...

what a dispicable court justice legal system! it sounds more like an american legal system more and more each day...
 

KBear

Supporting Member
Aug 17, 2001
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west end
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Likely the purchaser expected to have it disclosed that the curry smell could interfere with the enjoyment of the home. Would be interesting to know how dispute is resolved by the lawyers.


What does served with papers mean? Is it just a notice from a solicitor, or is it notice to appear in court?
 

to-guy69

New member
Mar 28, 2004
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Sonic Temple
That's a load of crap...

It's NOT the sellers responsibility to ensure that the buyer is comfortable with the surroundings. That's the buyers job.
 

n_v

Banned
Aug 26, 2001
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to-guy69 said:
That's a load of crap...

It's NOT the sellers responsibility to ensure that the buyer is comfortable with the surroundings. That's the buyers job.
Uhh no not necessarily.

BTW, what does this have to do with politics?
 

red

you must be fk'n kid'g me
Nov 13, 2001
17,572
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21pro said:
what's this world coming to?

my buddy had just been served papers... he's being taken to court for selling his house in Maple... the reason- he didn't specify that his neighbours were East Indian and the complaints include stuff like a frequent unpleasant odour from 'cooking curry outside', etc...

do you honestly think that this is something that he should have disclosed to the buyer? I can't even believe that the courts would allow them to file such an action...

what a dispicable court justice legal system! it sounds more like an american legal system more and more each day...

its crap. If the house next door was used as an indian restaurant- maybe disclosure would be an issue. But presumably the buyer actually visited the house. I can't see the basis for a valid claim- that being said - its easy to file a claim- he will have to file a defense- but he should seek a motion to dismiss the action and for costs (get a lawyer)
 

cyrus

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Jun 29, 2003
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n_v said:
Uhh no not necessarily.

BTW, what does this have to do with politics?
Court has said many times that it is the buyer beware market except in gross negligence/ gross misrepresentation cases!
Nothing to worry about!
 

strange1

Guest
Mar 14, 2004
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Under the charter of rights..., there is no way that the race of neighbours will be accepted the basis for a suit. Some racist prick has never seen any non-white people before. Too bad for him.

As far as my experience has shown, the seller is responsible to disclose only structural, legal, or financial problems tied to the property. This is the equivilent of a condo buyer suing because a neighbour smokes. There was also some news coverage about a meat rendering plant in king west that would let some thousands of people to sue.

The east indian neighbour should take the white thrash to court for damages.
 

islandboy

New member
Nov 14, 2004
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American lawyer here. It will fail as a matter of public policy - and in the states I feel would also fail as a constitutional matter. Renquist was once faulted for not spending thousands to remove a fully, totally, well settled illegal racial restriction on a house he bought. Was cheap politics. You may not have the case law we have but pubic policy will beat it unless the question about race was legal to ask in the first place.
 
Y

yychobbyist

The Charter is irrelevant here as this is a private matter between individuals and does not involve the state or any level of government. In Alberta, and I suspect in Ontario, there is a duty to disclose deficiencies in the home. Here there are forms that sellers must complete detailing any known deficiency. Obviously, the neighbours would not be listed on such a form.

Unless the buyers specifically asked about the neighbours' race it'd be doubtful the suit would succeed. If I had this cross my desk I'd apply for a summary dismissal based on it being frivolous and vexatious suit. But that's just me.

Tell your friend that in Canada, those who lose civil law suits are responsible for court costs. If the suit is dismissed early on it's likely those who bring the suit would be responsible for court and legal costs.
 

KBear

Supporting Member
Aug 17, 2001
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strange1 said:
The east indian neighbour should take the white thrash to court for damages.
You are making quite the racist assumption here, why?

The seller may have just been sent a threatening letter from the purchaser’s solicitor. The purchaser could be feeling the seller out to see if he can be intimidated into settling.
 

islandboy

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Nov 14, 2004
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yychobbyist said:
The Charter is irrelevant here as this is a private matter between individuals and does not involve the state or any level of government. In Alberta, and I suspect in Ontario, there is a duty to disclose deficiencies in the home. Here there are forms that sellers must complete detailing any known deficiency. Obviously, the neighbours would not be listed on such a form.

Unless the buyers specifically asked about the neighbours' race it'd be doubtful the suit would succeed. If I had this cross my desk I'd apply for a summary dismissal based on it being frivolous and vexatious suit. But that's just me.

Tell your friend that in Canada, those who lose civil law suits are responsible for court costs. If the suit is dismissed early on it's likely those who bring the suit would be responsible for court and legal costs.
Question, in Canada is it legal to even ask/tell. With some of our laws regarding rentals you can not discriminate based upon race; even asking is illegal.
 

red

you must be fk'n kid'g me
Nov 13, 2001
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islandboy said:
Question, in Canada is it legal to even ask/tell. With some of our laws regarding rentals you can not discriminate based upon race; even asking is illegal.
not in Canada- its one of our freedoms
 

spartan5782

New member
Jul 14, 2002
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islandboy said:
Question, in Canada is it legal to even ask/tell. With some of our laws regarding rentals you can not discriminate based upon race; even asking is illegal.
In this case it would be the buyer asking. I don't think there would be anything illegal, even in the States, for a discriminating buyer to ask about neighbors or the composition of the neighborhood. It might leave a bad taste, but not illegal.

A seller, on the other hand, asking about the race of the potential buyer and denying the purchase based on the info would undoubtedly violate the Fair Housing Act.
 

strange1

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Mar 14, 2004
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KBear said:
You are making quite the racist assumption here, why?

The seller may have just been sent a threatening letter from the purchaser’s solicitor. The purchaser could be feeling the seller out to see if he can be intimidated into settling.
It's still based on a racist principle, attempting to intimidate someone on the basis of race. (And I am making an assumption about the race of the plaintiff but you know they are white; maybe not poor trash but their attitude is)
 

KBear

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Aug 17, 2001
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strange1 said:
It's still based on a racist principle, attempting to intimidate someone on the basis of race. (And I am making an assumption about the race of the plaintiff but you know they are white; maybe not poor trash but their attitude is)
How do I know are white?

We have not heard back from the original poster, and are making some assumptions. I doubt that the notice, whatever type of notice it was, said that they were suing because it was not disclosed that the neighbours are Indian. The poster likely added that part in.

The neighbours, who happen to be Indian, could be on the other side of a semi operating a cooking business 24/7 to supply and the Indian banquet halls. It would be a big problem for anyone who just spent $300 - $500,000 on their new home. If you think it would not be a problem, then you have not been around much. this issue has nothing to do with race.
 

wikiwild

Member
Feb 29, 2004
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How does the guy know the people are Indian? they could be Pakistani... or Indonesian.. .or Sri Lankan... or WEST indian, or maybe Afghani, possibly from Southern Thailand, or Burmese, or Malaysian... how can you say someone is Indian by the smell of the food?

I have some British friends who would eat only Indian food if it were cardiovascularly possible. They even know how to cook it. Maybe its some british guy cooking indian food non-stop.

What if they are ETHNICALLY INDIAN, but eat only steak and mashed potatoes?

What's stopping a non-indian-food-cooker/eater from suddenly switching to full time indian-food-cooking in his/her own house after a new neighbour moves in? Nothing.

It's like not disclosing the amount of rain received in that area. Irrelevant, uncontrollable.

Oh, and I thought the Charter was always relevant... seeing as how it is entrenched in the Canadian Constitution, and right full of nifty little things like INALIENABLE rights.

word.
 
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