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'Buyer Beware' author is suing town and others for $1.1 milion

The woman who hand-delivered a notice entitled ‘Buyer Beware’ to hundreds of homes in Athabasca has filed a lawsuit seeking $1.1 million after purchasing what she claims is a structurally unsound home on Hees Court in July 2009.

The woman who hand-delivered a notice entitled ‘Buyer Beware’ to hundreds of homes in Athabasca has filed a lawsuit seeking $1.1 million after purchasing what she claims is a structurally unsound home on Hees Court in July 2009.

Barbara Bell is suing the town council, builders Coventry Homes, County Realty (1998) Inc., operating under the trade name of Royal LePage County Realty, The Inspections Group Inc., and the previous owners of her home.

In a statement of claim, filed with the Court of Queen’s Bench of Alberta, Judicial District of Edmonton, on Aug. 10, 2010, the plaintiff outlined a 40-point list of allegations and claims.

She said a landslide occurred in 2002 near the site of the house now at the centre of the lawsuit.

The town, the Inspections Group and Coventry builders should have known this landslide would cause instability issues at the site of her home, said the claim.

The claim alleged Coventry was mid-construction on a separate residential dwelling on a neighbouring lot when work was halted because excessive water entered the basement foundation.

The claim said the basement of Bell’s house flooded on three occasions during construction and damaged the foundation of the house. The plaintiff was not informed about this flooding.

The claim also said a retaining wall should have been built to prevent the earth shifting at the property and this was not done properly.

The plaintiff claimed Royal LePage did not act in her best interests. Some of the reasons listed for this claim are that the realtor did not ensure proper permits were in place and appropriate inspections were carried out.

The claims against the town includes a failure to warn the plaintiff about the landslide on a nearby lot in 2002 and a failure to ensure the retaining wall was constructed in accordance with all standards and codes.

Point 37 of the claim said all of the defendants were aware the earth at the property was not stable and dangerous to those residing in the property.

The claim is seeking $1,100,000, which includes costs arising from attempts to repair the house, devaluation of the house and property, moving expenses after the plaintiff had to vacate the house, loss of use of the house and loss of enjoyment of the property.

In a statement of defense filed with the court on Oct. 6, 2010, the town of Athabasca denied the allegations and claims in Bell’s statement of claim.

The Inspections Group Inc., LePage County Realty and Coventry Homes also filed statements of defense denying the claims and allegations.

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