Agent did not get an Inspection

‘We bought a dud’: How Winnipeg buyers can avoid homes with hidden horrors
A Winnipeg couple is sharing their story of a disaster real estate deal.
James Abott and Sherry Bosa wanted an old home with charm and character. Instead, the couple said they bought a house riddled with hidden problems.
Abott and Bosa paid $130,000 for a three-bedroom, century-old home in the West End. They now believe it will cost $190,000 extra just to fix the house and make it livable.
Black mould, rodents, faulty-installed windows and plaster falling off walls are just some of the hidden problems James Abott and Sherry Bosa have been trying to fix.
Since moving to the home this summer, the pair has dealt with rodents, falling plaster, windows installed without permits and a house littered with black mould under floors and lurking in walls.
“There’s been times where I come home and there are chunks of walls or ceilings that have fallen down,” said Bosa. “It’s just been disgusting.”
“It’s devastating,” said Abott. “We bought a dud of a house.”
The couple said they didn’t get a home inspection before the purchase because they didn’t see a point; however, they said the seller had signed a disclosure agreement indicating the home was virtually problem free.
“I’m a real estate agent and I would never hold back this kind of information,” said Bosa, who acted as her own agent in the purchase of her new home.
If Abott and Bosa don’t make the costly upgrades, the city could issues fines or take legal action. The couples said they hope to make the repairs, rather than move.
“We have to disclose this if we ever sell the home; we have to disclose the problems that were here," said Abott.
Technology uncovers potential for mould
Winnipeg home inspector Jed Cox said homeowners shouldn’t rule out hiring a professional to investigate a property before purchase.
Cox said moisture readers and air testing machines help inspectors gather clues about potential problems hidden in a home.
He said photos taken with thermal imaging technology can be even more telling, and reveal temperature changes in a wall or ceiling; displaying red for dry, blue for possible air leaks or water.
“It’s saying there’s the potential for mould. Neither of those machines are a mould detector, but they tell you the potential for mould is there,” said Cox, with River City Home Inspection.
Cox told CTV News it’s important for homebuyers looking to hire an inspector, to ensure the person is certified.
He advises buyers look up an inspector’s educational and work backgrounds, and find out the extent of his or her professional experience in the field.
“Make sure it’s not someone who just took an online course,” said Cox.
Winnipeg market shifting
Element Realty agent Monica Kessler said finding a solid home for under $150,000 is challenging.
“You don’t want to be buying a dump…because there are just too many unknowns,” she said.
Kessler said in the last three years, the real estate market in Winnipeg has shifted. Now that bidding wars are mainly a thing of the past, she suggests taking the time to hunt for surprises behind the walls.
"Buyers have the luxury to get home inspections and be able to have more information at their disposal before having to jump into the purchase of a home,” she said.
Another shift, Kessler said, is the disclosure agreement. Just like the one Abott and Bosa depended on, disclosure agreements are becoming a way to hold more sellers and real estate agents accountable.
While Kessler said disclosure agreements are signed in good faith, she said they are starting to carry more weight in court.
What now?
Abott and Bosa said an insurance company is looking at covering some of damage from construction before they took possession.
The couple said they plan to sue the real estate broker, agent and previous owners of the home.
The real estate agent who sold the house did not want to take part in the story, but told CTV News in a phone call that the couple viewed the house four times and did have a home inspection.
Abott and Bosa said they only viewed the house twice; once as a regular showing, another time with an appraiser.
Despite everything they’ve gone through, Abott and Bosa said they don’t want to move and still hope to renovate and live in their new home.

[FONT=“Arial”]Real estate complaints[/FONT]
CTV News asked the City of Winnipeg if it tracked complaints about real estate deals; it does not.
According to the Manitoba Real Estate Association, “There are complaint processes in place for disputes between realtors. A complaint between realtors would be investigated and enforced based upon a complaint being lodged with the relevant board or association.”
“MREA advises all buyers of real estate to seek the services of a qualified home inspector before making a purchase and strongly advises.”
Protection for buyers
The city said buyers can call 311 to find out if there were permits for renovations on a home.
In the case of Abott and Bosa, the couple said they checked with the city and none were flagged or available.
Looking at original building plans on a house can also help provide information on the history of home, which a buyer can access with permission from an owner. Information on this can be found on the city’s website.](
“To request a search, you must be the legal owner of the property or submit a written authorization signed by the owner when you make your request. The written authorization should give you permission to access the building plans for the specified address,” the online information reads.
The city told CTV News it doesn’t have the building plans for every house, but it does have plans dating back to the early 1900s.
Abott said he could not access the original building plans of his new home because the documents were destroyed in a flood

This mirrors a couple of stories we heard in the Provincial Assembly yesterday Roy. Regardless of what people think about Home Inspectors a properly qualified one is still their best bet at protecting themselves against a lemon.

Realtors in Ontario need to remember a few salient points from their Code of Ethics, to which they are bound by law.

*O. Reg. 580/05, s. 8 (1).

A registrant shall advise a client or customer to obtain services from another person if the registrant is not able to provide the services with reasonable knowledge, skill, judgment and competence or is not authorized by law to provide the services.
What this means is that unless the Realtor is “qualified” to perform a Home Inspection, they should advise their client to get one from a qualified professional.

*O. Reg. 580/05, s. 8 (2).

A registrant shall not discourage a client or customer from seeking a particular kind of service if the registrant is not able to provide the service with reasonable knowledge, skill, judgment and competence or is not authorized by law to provide the service.
In other words, a Realtor should not advise their client advising against a Home Inspection. Using the excuse that their is a bully market and they might get bumped by another offer is not an exclusion to this clause.

My opinion, which may seem self-serving but is good advice “Better to lose a home you think you’ll love, than buy a ‘caveat emptor’ home you will hate. Get a Home Inspection!”

With the passing of any home inspector licensing legislation, the “not authorized by law” clause would potentially put each and every realtor in a strong position to lose their license if the home is bought without a waiver signed by their clients stating it was the clients decision not to have the home inspected.


Yes you could be correct but it will not end the agent saying I know a great home inspector for the client to use .
I see no change same game use the agents preferred Inspector .

They are already in that position if they are not trained as a Home Inspector, the clause is ‘OR authorised by Law’ not ‘AND authorised by Law’

It just takes a few consumers to realise that and sue their realtor failing to get proper services provided when buying a lemon, and things will change pretty quickly.


I agree it is already in there but as with almost all “quiet” regulations and laws sometimes it takes a new law to bring it to light and then there is usually an “aha” moment as people realize what it now insight in front on them.


I don’t expect it will end the realtor referrals but it may give pause to the realtors deciding they are either the first line of an inspection and therefore a home inspector is not needed or that they don’t want the deal torpedoed and so they talk the client out of the inspection as they know better.

“I’m a real estate agent…" said Bosa, who acted as her own agent in the purchase of her new home."

Some wounds are self inflicted , She is a winner for sure.

Better her than her clients. Maybe she learned something

I just returned from the OAHI annual conference and after speaking to a presenter from Indiana about their licensing he said, it really had no effect on the complaint system of bad home inspections, the minimum bar was set to low his opinion. In fact, the state is considering revoking licensing.

Interesting Thanks Bruce