The Deck Warranty (Old Decks can be Problems)
By Brian Madigan LL.B.
It is very commonplace to see wooden decks constructed at the rear of houses. They have become extremely popular over the last two decades. And, with popularity comes problems.
What if:
• The deck isn’t safe
• The deck was never constructed properly
• A permit was necessary
These are, of course, some of the fundamental issues.
So, if you’re the buyer’s agent and you come across an older home in the city, what are you going to say?
Consider the basic wooden deck at three levels on an older three storey home. At ground level, there is likely a walkout, patio deck, level in nature, just off the ground, probably without a handrail. At the second level, you might have a smaller deck coming out of the master bedroom or a living room (if the building has been divided). Structurally, it will need some major supporting posts from the ground. On the third level, this time likely out of a bedroom you will have a deck that is really in the form of a small balcony. This time, the supports are beams extending from the house.
This set of circumstances is not unusual. There are literally thousands of such three deck houses in central Toronto.
What can really go wrong? After a while, the wood simply rots, if left unattended. You probably don’t have to worry for twenty years. But, were these decks built before 1990? If so, they could be “at risk”.
If you are the buyer’s agent you will have to include a home inspection clause.
Were the decks built properly? Was there a permit? Were all three built at the same time? Were they ever inspected?
You need this information before the home inspection clause time limit expires. You might consider including a clause like the following, to address some of the concerns:
“The seller warrants and represents that the three decks on the rear of the house (main level, second level and third level) have each been
1) constructed in accordance with applicable building practices in compliance with the Ontario Building code at the time of construction,
2) constructed in a good, workmanlike and professional manner,
3) constructed in accordance with a building permit issued by the City of Toronto, and
4) been inspected by and to the satisfaction of the City of Toronto after completion.
This warranty shall not merge, but shall survive the completion of this transaction.
The seller shall deliver to the buyer a copy of the building permit and the inspection report issued by the City of Toronto in respect to each of the decks at least 24 hours prior to the time limit for the satisfaction, waiver or fulfillment of the home inspection condition, failing which such time limit shall be extended accordingly.”
In the case of uncertainty, seek legal advice. It’s better to consult a solicitor ahead of time than retain a barrister to conduct legal proceedings afterwards.
Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through Royal LePage Innovators Realty, Brokerage 905-796-8888
www.OntarioRealEstateSource.com
We are not the FHA, VA, USDA, HUD or any other government organization. The content on this blog is intended for information purposes only. 
