November 13, 2025
When undisclosed major renovations come back to haunt you: how a real estate lawyer in Scarborough, North York and Etobicoke can protect you
Buying a home is a dream for many people. You picture living in a neighbourhood you love, creating memories, and enjoying your own space. Our real estate law firm works with clients in Toronto, Scarborough, North York, and Etobicoke. We often help homebuyers who find out their new home is not what they expected. In Mariani v. Lemstra, the Ontario Court of Appeal reviewed a case where a buyer relied on a statement that a house was “well built.” Later, the buyer discovered serious defects. The court decided that the sellers knew, or should have known, about the problems and failed to disclose them. The buyer received damages.
What Did the Court Decide?
The Mariani case involved a sale agreement that did not include specific warranties about quality. Even so, the court found that the sellers had represented the home as “well built.” The buyer relied on this statement when deciding to purchase. The court ruled that the sellers either knew or should have known about the defects. Since the buyer read and relied on the statement before closing, the reliance was valid. The defects were extensive, and the cost of repairs was high. This case shows that even without an express warranty, a seller’s statement can create legal responsibility.
Why This Matters for You as a Buyer
When you work with a real estate lawyer in Toronto, Scarborough, North York, or Etobicoke, you gain more than just contract review. Your lawyer also checks the seller’s disclosures, listing information, and related documents. Homebuyers often trust what sellers say about condition or quality. However, if the seller falsely presents a home as being “well built” or in good condition, you may have legal recourse. The Mariani decision shows that caveat emptor, or “buyer beware,” is not absolute. If a seller hides or misrepresents known issues, the buyer may seek damages or even cancel the contract.
How a Real Estate Lawyer in Scarborough, North York, or Etobicoke Helps
If you are buying or selling in Scarborough, a local real estate lawyer knows the community’s construction history, zoning, and permit issues. They understand common problems in mid-century homes and condo conversions. In Etobicoke, many properties are older or near the waterfront. A lawyer familiar with the area can spot potential risks during the review process. When you hire a local real estate lawyer, they check the Agreement of Purchase and Sale, confirm zoning and title, and look for false or missing disclosures. If problems appear after closing, your lawyer can advise whether you can claim damages or rescind the sale.
What You Should Do If You Discover Hidden Defects or Misrepresentations
If you find after closing that your home was misrepresented, contact a real estate lawyer immediately. This is especially important if statements like “well built” influenced your purchase.Your lawyer will collect the listing, disclosures, inspection reports, and other evidence. They will then review whether you can seek compensation or other remedies. Buying a home is one of life’s biggest investments. You deserve to enjoy it without hidden problems. Whether you are in Toronto, Scarborough, North York, Etobicoke, Mississauga, or Brampton, working with a real estate lawyer gives you the protection and peace of mind you need.