Will discipline hearing end risky SPIS form? - Canadian Content

[Raymond Wand]

Will discipline hearing end risky SPIS form?

Seller's form has prompted 200 Canadian court cases

Will discipline hearing end risky SPIS form? (http://aaron.ca/columns/2014-09-20.htm)

[Garry Sorrells]

Found a copy of SPIS form to review.
http://www.ottawastructural.com/pictures/orea.pdf

[Claude Lawrenson]

Generally the SPIS forms are helpful when completed "properly". It's better than no disclosure form, and on the other side a "document" that can be used to prove "improper of perhaps fraudulent" disclosure. I would typically report in the inspection report the availability and what I encountered noting any discrepancies in the SPIS claim.

As home inspectors we are often inspecting in a home without the ability to discuss or seek information from the home owner about certain conditions. My claim - who would or should know best about the house they are living in.

[Claude Lawrenson]

All the more reason to plug pre-inspections by a qualified professional.

[Raymond Wand]

I thought this was interesting from an Ontario Superior Court. A home inspection report supercedes a SPIS.

... if the purchaser chooses to not rely on the vendor and requests inspections, including professional inspectors (i.e. Home Inspection Service) then reliance for completion of the deal (the waver in this case) is shifted to the inspector whom the purchaser has chosen. The purchaser has relied on the inspection report not the vendor’s silence, to formulate his decision whether or not to complete the deal…

Of course, as stated, if the vendor made representations to the purchaser or the purchaser’s inspection that were fraudulent, then the responsibility for disclosing the latent defect would remain with the vendor…

[63] Absent fraudulent representations or concealment, when a professional home inspector’s report is obtained then reliance has shifted to the home inspector.

[64] In this case, the purchasers obtained a home inspection report before waiving the condition. The report noted evidence of possible water problems and indicated that the type of repairs which have been effected and for which damages are claimed might be required.

[65] In view of obtaining an inspection report which indicates possible water problems any reliance the purchasers had made on the vendors statements on the VPIS (Vendor Property Information Sheet) document would have been transferred to the home inspector.

[Garry Sorrells]

After looking at the SPIS form (http://www.ottawastructural.com/pictures/orea.pdf ) I would think that the prudent seller would refuse to complete the form on the basis that they are not competent to be able to accurate complete the form.

Personally I would not even begin to consider signing the Canadian SPIS form knowing how a good faith answer can be twisted.