Court case leaves leaky home buyers with legal bill on top of massive repair costs

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The house in Raumati South, north of Wellington, was bought by Steven and Katharine Mason from Andrew and Sharon Magee ...

JOEL MAXWELL/STUFF

The house in Raumati South, north of Wellington, was bought by Steven and Katharine Mason from Andrew and Sharon Magee in 2011.

A Kāpiti Coast couple have won a Court of Appeal case against the couple to whom they sold a leaky $785,000 home – despite twice telling the buyers it didn’t leak.

Steven and Katharine Mason bought the two-storey house in Raumati South, north of Wellington,  from Andrew and Sharon Magee in 2011.

They subsequently found that, as a result of several original design and construction defects, it was a leaky home. The Masons said it would cost them $940,000 to fix.

The Magees have won their appeal against a High Court ruling that they misrepresented the state of the house.

The Magees have won their appeal against a High Court ruling that they misrepresented the state of the house.

They took their case to the High Court earlier this year, and won a ruling that the Magees were liable for a “pre-contractual misrepresentation” that induced them to buy the house.

The High Court awarded damages against the Magees of about $470,000, which the judge assessed to be the loss in value of the house, in Karekare Rd.

However, a Court of Appeal judgment published this week has overturned that decision, and found the Magees had no reason to believe the house they had been living in for two years was not weathertight.

The principal question in the appeal revolved around a conversation between Sharon Magee and Katherine Mason at the house in 2011, in which Mason said: “All I want to know is that this property is not a leaky house, because we couldn’t cope with that.”

Mason told the High Court: “Sharon replied that the house definitely was not leaky, and I recall her responding, ‘Absolutely not. We have never had………

Continue reading this article at the original source from Stuff.co.nz

 

 

 

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2018-02-02T15:16:31+00:00