Couple on the hook for over $500K say 4-year-old Ontario home is a teardown, so they're suing the builder
CBC
Their house is four years old, but a Fort Erie, Ont., couple say it was so badly constructed that they have no choice but to spend hundreds of thousands of dollars to tear it down.
"I can't stress how much our life is ruined, literally ruined, right now," Carolynn Mayers, 53, told CBC Hamilton.
"Every day we have to look at how hard we worked to get nothing."
Mayers and her husband, James Durban, 51, sat in the bungalow's open concept living room next to a tidy kitchen, where they'd envisioned soon retiring — she works in sales and he's a truck driver.
But those plans are on hold as they shoulder bills for lawyers and engineering specialists on top of their mortgage and day-to-day expenses.
"This is a situation I wouldn't want anybody to go through," Durban said.
They purchased the house in July 2021 from the original buyer, a year after it had been built as part of a 100-home subdivision by Marina Homes.
But after dealing with a host of problems, from leaking windows and roof to extensive water damage and persistent mould, they said they soon discovered an even bigger issue.
The foundation is not strong enough to support the house, an engineering firm hired by the couple determined earlier this year.
"It is recommended that the building be completely demolished," said the report seen by CBC Hamilton.
Mayers and Durban said they successfully claimed close to the maximum amount of coverage possible through Tarion — a non-profit organization that administers Ontario's new home warranty program.
The fixed, maximum amount, based on when the house was purchased by the first owner, is $300,000, said Tarion spokesperson Andrew Donnachie.
"We agree that the amount may not be sufficient to entirely remove a foundation, demolish a home and rebuild the home, however, based on our data, that is an exceedingly rare situation," Donnachie said.
The couple said it isn't enough money to tear down and rebuild their house, and they weren't able to reach an agreement with Marina Homes.
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