Bought a house with a drain tile inspection. The inspection said my front was good and I only need to work on the back

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Customer: Hi bought a house with a drain tile inspection. The inspection said my front was good and I only need to work on the back for $8000. But now another drain tile company found that is not true, and I would need to potentially to spend $35K-$50K to repair.
JA: Hi. What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Nothing
JA: Where is the house located?
Customer: Burnaby, BC
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I wrote an online Google review about the first drain tile company
Answered by Joey in 2 mins 1 year ago
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Joey
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Joey, Expert

Hi and thank you for using JustAnswer.  My name is ***** ***** I will be assisting you with your question.

Just a general disclaimer that this conversation is for informational purposes only. I am licensed Canadian lawyer; however, you would need to retain a lawyer to take any legal action and/or preserve any of your legal rights. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible.

Customer
Hi Joey
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Joey, Expert

Good morning – sorry to hear about your situation. To clarify, did you retain this drain tile inspection company or did someone else?

Customer
We retain the drain tile inspection company
Customer
We retain our own home inspector who recommended West Side Drainage. The home inspector noticed there was wet stain on the wall in the basement and recommend we check our drain tile.
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Joey, Expert

Have you reached out to them and presented them with this differing opinion from the other drain tile company?

Customer
No, I have not. Recently, I wrote a google review about the company. I was dissatisfying the company didn’t give me a video (all the other plumbers said I should have got one) and Carlo quote a repair cost of $8000 when Milani and Ashton Services are between $2300 - $3400. Carlos was upset and call me, my husband and realtor to complain.
Customer
I felt he was a rip off but now, the other company is saying it is not a $8000 repair, it is a $35-$55K repair. All the drain tile need to be replaced
Customer
Should I take the Google review down?
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Joey, Expert

You could bring a legal claim against the first company if they made significant errors in their report. Depending on the contractual terms, your damages might only be limited to the cost of the report.

Customer
West Side Drainage website has a page that advertise it is here to help First Time Home buyer
Customer
They would do a good job so we can have a peace of mind we are not buying a house that will have cost that spiral out
Customer
We would not have bought this house is there is a cost over $30K
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Joey, Expert

If you make false statements about them that hurt their reputation, then they could sue you for defamation. If you wrote truthful statements, then they cannot successfully sue you.

Customer
Milani has a video that shows me where all the blockages are. The front tile are not clear. They have shift and have blockage.
Customer
I only wrote truthful statement. The cost of the inspection, the quote for the fix and the lack of video
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Joey, Expert

In that case, you may want to consider suing them. You should review your contract to see if damages are limited to the cost of the report only.

Customer
I want to know if I should take it down because it may complicate the lawsuit I am thinking of bring on
Customer
There was not contract
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Joey, Expert

Generally it's not a good idea to make any public statements until the court has dealt with the lawsuit.

Customer
There was no contract. Carlo just wrote hand written on the receipt the report. Then he also wrote “No warranty or guarantee on drainage system”
Customer
I should just take down the public statements first
Customer
Screen shot it and document it in case something comes up
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Joey, Expert

Here is the number for the BC lawyer referral service in case you have trouble finding a lawyer: 1-***-***-****

Customer
Ok. Thank you. So I need to get a third opinion?
Customer
Should I just go through the small claim court?
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Joey, Expert

Have another inspector take a look at it to confirm that $35k+ is required. If that's the case, then consider contacting a local lawyer to commence a legal action.

Customer
Ok. I don’t have the fund for lawyer because I just bought a house and all the down payment went to there. With what we have left, we starts on the renovation and then this came out of left field. Do you think my case is strong enough without a lawyer? I can go through the small claim court?
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Joey, Expert

You would need to prove that the inspector fell below the reasonable standard of someone in that profession. That might require expert evidence from another inspector who can explain to the court all the mistakes the first inspector made and what should have happened. Then you’ll need to prove that you relied on the first inspector’s report to your detriment.

Customer
Ok. So far we have another inspection, Milani, and they video tape everything and explained to me. They seem shock on how the original inspector failed this.
Customer
They even thought I should sue
Customer
They even show me on the video how everything is blocked.
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Joey, Expert

You can file the claim yourself or you can retain a lawyer to assist you. The decision is yours.

Customer
Ok. Thank you. Can you confirm these are the steps I should be taking now: 1) Take down the google review 2) Get a third inspector to confirm it is $35+ damaage
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Joey, Expert

Correct.

Customer
Thanks Joey!
Customer
I will work on this
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Joey, Expert

My pleasure. Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

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