Question
Te Kohe is the owner of an architecturally designed house. He signs a deal to sell the house for $10 million to Cam subject to
Te Kohe is the owner of an architecturally designed house. He signs a deal to sell the house for $10 million to Cam subject to a satisfactory building inspection report. Cam arranges for a building inspection which results in a report which notes that the property has some cladding and design features which have been found to be "suspect and deficient" in other buildings. The report recommends further testing.
A meeting is held. Cam asks Te Kohe whether the house has any leakage and weather tightness problems and Te Kohe tells Cam that he has is not aware of any. Cam decides to go ahead with the purchase.
A month later there is a big storm and a number of leaks in the house are discovered. Cam commissions another building report, which shows that the house has several problems which are likely to result in further leaks and that it will cost $2 million dollar to repair the defects.
Cam considers that Te Kohe misrepresented the state and quality of the house, and he wonders what his legal options might be.
Required:
Referring to section 35 of the Contract and Commercial Law Act 2017, advise Cam of his legal position as well as possible remedies. (New Zealand legistation)
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