The expression “buyer beware” is known to all of us and very often when purchasing a home, it stands true, but not always. In this blog I want to shed some light on the obligations of the seller.

When it comes to disclosure of defects, I would say that the statement “seller beware” is more appropriate. The seller is obligated to disclose any hidden defects known to them. This obligation does not end with just the seller, it is also an obligation of their realtor.

When talking real estate, you will most likely hear about two types of defects; patent defects and material latent defects. Let me break it down patent defects = easily discoverable (e.g. a hole in the wall, crack in a foundation that is visible and doesn’t compromise the structure) and material latent defects = hidden defects (e.g. scratched floor hidden under a rug or mold that was painted over). Material latent defects may be discovered in an inspection, but due to their hidden nature may not always be discoverable, hence the onus falls on the seller to disclose.

If you, as a seller, know something about a property and you do not disclose it and the buyer incurs losses as a direct result of nondisclosure you may be liable and subject to a lawsuit. To save you from such problems I work from the principle that no one will be in trouble for disclosing too much, things will eventually come out (whether it is through inspection or next-door neighbours) and being honest upfront allows you to form a good relationship with the buyer and your agent.

I know a lot of you think by now that disclosing can loose you a sale and you will get less for your house, however disclosures very seldom turn into a lost sale. And if you do not disclose, there is good chance that it will come up in a conversation with the neighbours or will be discovered by other means by the new owners, if that happens after the purchase you may be subject to a lawsuit. … and I never heard of a cheap lawsuit. Just like with any defect, required repair you will need to adjust the price or fix the problem, but it will be a lot less costly than having to defend yourself in court.

If you want more help on this subject or if you would like help selling your home or finding your next dream property please feel free to contact me; Kate McInnis 403.921.5798.

Today’s blog is full of nostalgia that was brought on when I went to look at a house into my old neighbourhood yesterday. The first home I bought in Calgary was in the community of Beddington. You never forget your first home, so it should be no surprise that this evoked some feelings. However, it was not what you would expect. What I could not stop reminiscing about is how neighbourly the community was and is. When I was at the house yesterday, the next-door neighbour was out walking his dog and he stopped by and said “Hi” and we chatter for a few minutes. After my appointment on my way home I decided that instead of going to my current grocery store I will go to my ‘old’ Calgary Co-op. The feeling of neighbourhood friendliness just kept on coming. It was great seeing neighbours talking to each other in the store and even stopping their cars to get attention of their friend/neighbour in the parking lot. All these experiences are so in line with how I felt when I lived in Beddington. I made my neighbours my friends with whom I still keep in touch….even though we may no longer be residents of Beddington.

Aside from its friendliness, Beddington offers a lot of green spaces and pathways to walk. It is just minutes from Nose Hills, where I spent many hours with my dog June.

Please feel free to comment below, I would love to learn more about your neighbourhood and its residents.

I have a strong attachment to Calgary’s Downtown, and my recent walk through my old stomping grounds left me feeling a bit down, but I am hopeful for its future… this is why.

I have spent a lot of time downtown Calgary; at one point I was a resident, I worked in numerous restaurants while I was in school. During my professional career in oil and gas I spent many years working in the office towers that define our downtown. I had the pleasure to watch some of those amazing buildings come up over the years and change our landscape to something amazing.

When The Bow was coming up it seemed like an architectural marvel and the recently completion Telus Sky…. well, its just so neat!!! Aside from new office towers we have seen the new Central Library and the Bell Centre being recently added to Calgary Downtown…. And that is just to name a few.

Our city council is not done, and our downtown will continue to grow. Calgary City Council recently approved an investment of $200 million to address vacancy, along with improving the neighbourhoods and making it a greener network for a healthier environment.

I am excited to watch this plan unfold. If you want more information visit the City of Calgary website, sign up for my Blog, or just call 403.921.5798 to learn more.

I recently heard a story about an individual who bought a home and upon possession of the property they were surprised that all the new carpets were gone. Imagine that surprise!!! I think this story is very unusual and most likely none of us will ever experience it; or at least let’s hope for that.

The reason why I wanted to share this story is because this is an example that many of us do not take enough time to understand the documents that we are signing, what impact it has on us, and what our responsibilities & obligations are under contracts. When you are buying or selling a home you will find yourself signing contracts that I hope are explained well to you and that you take the time to ask a lot of questions about. To learn more, I invite you to look at my pages about contracts, where I go over things that you will need to know to be well informed before you sign.

As always, if you want any additional information, please do not hesitate to contact me directly at 403.921.5798.

I almost forgot, I guess you might want to know what happened at the end of the story. Now, I don’t know how much of this is anecdotal versus fact, but here is what I heard. The problem that we encountered here is that the seller was in the wrong; they were poorly educated or miss informed about the difference between chattels and fixtures. Click on the link if you want to learn more. The carpet, although it seemed to the buyer as their personal property, was actually a fixture, or an attached good that formed part of the home and was not to be removed. At the end, the buyer held the seller responsible for recarpeting the home.

What happened on Earth Day 2021

I cannot help myself but to start talking about the weather this year. It was a cold and windy day!!!! The weather definitively was not in our favour, but we still got out and cleaned up the river. Despite the weather we still had a great turn out and lots of people sent their entries to win the $100 gift certificate from Out Fly Fishing. Congratulations to our contest winner, selected by Josh from Out Fly Fishing, Brandy @raising_gingers. Thank you to Out Fly Fishing for donating the prize.

Our little family went out to the Bow River near the Inglewood Bird Sanctuary. We spent nearly 2 hrs cleaning up the river and ended up with 7 bags of garbage and a couple of large items. We found 4 shoes, unbelievable number of pens, straws, drink cups and lids. The saddest find was a little stuffed bunny we named Hops. Sorry we could not save him!!!

We hope that next year we will have better weather and perhaps no restrictions so we can do this as a group and have fun getting to know each other. Keep following me on Instagram @mcinnisrealestate and let us make next years clean-up even better. Our planet, our rivers all deserve a little bit of care.

WINNERS!!!

LITTLE HOPS

INSIDE THE BAG - GROSS

OUR LOOT :(

Earth Day

Thursday. April 22, 2021

Location: Any Bow River Shoreline

Get out with your family and/or cohorts, bring garbage bags, gloves, tongs, etc., and let’s clean up the garbage and debris along the banks of the Bow River. The Bow River in Calgary is one of our most precious resources and we must do our part to keep it clean and healthy. The fish, the city, and the environment count on us doing our part.

By participating in the clean up you can enter a contest to win a $100 gift card prize from Out Fly Fishing Outfitters.

Photo Contest judged and sponsored by Out Fly Fishing Outfitters

Submit a photo to @mcinnisrealestate or to km.kate.mcinnis@gmail.com with your collection of garbage from the Bow River Shoreline by 9:00 PM MST April 23rd. The winner will be announced and contacted on April 24th.

Contest details: Photo must have the Bow River in the background. Please have all your garbage bags visible for judging.

Please share our post to Instagram, Facebook, or Messenger to encourage others to join. Use #bowrivercleanup and post your photos!

Important: During these trying times please be safe and use caution and remember to follow the Alberta Covid Gathering Mandatory Restrictions. For most up to date COVID-19 restrictions visit the Government of Alberta website https://www.alberta.ca/enhanced-public-health-measures.aspx