Q: I recently bought a three-bedroom townhome that is approximately 14-years-old.

I instantly ran into two issues as the sellers had made very minimal upgrades to the home.

As a result, the carpet was in extremely poor condition. Also, the stairs throughout the house were soiled terribly.

Upon removing the carpet on the stairs, the contractors pointed out that four of the 20-plus stairs were built out of scrap so they weren’t any particular kind of wood (i.e. pine).

The management asked that I liaise with the builder directly.

The builder, who coincidently won a prize for the architecture, refused any responsibility and said that not only is the warranty period over for this establishment but it would be my responsibility to touch base with the City inspector who inspected this property 14 years ago.

They also mentioned how they couldn’t take responsibility based on the fact that I may have altered the stairs myself.

It actually surprises me as the builder is a big organization and still had this response.

Could you advise whether I can do anything about this or must I go on my merry way like the builder has suggested?

A: The issue of the stairs is extremely problematic. 

Your recourse to the builder is basically extinct unless you could link it back through the present vendor. 

However, the seller to you may have had no knowledge of the subgrade stair construction and if they did, good luck proving it. 

The City inspector would probably have no notes for a home of that age. 

Even if you had a home inspector prior to your purchase, they may not have uncovered the defect in the stairs, which I take was under carpet.

You could pursue all the parties involved from 14 years ago until the present day but the reality is that you probably would spend more on that battle than it will cost you to fix the faulty stairs and move onward and upward.

Jeffrey Cowan is the principal of Cowan Law and can be reached at jeff@cowanlaw.ca.