Winnipeg homebuyer who says he found mushrooms growing from basement carpet, 'deluge of water' sues seller

After buying a house and then discovering mould throughout the basement, a Winnipeg man has filed a lawsuit claiming the house seller did not accurately disclose the basement moisture issues before the sale.

The buyer paid $640,000 for the house in west Winnipeg's Kirkfield neighbourhood and took possession in September 2022.

That fall, he found mushrooms growing out of the carpet in the basement, according to the lawsuit.

In April 2023, "he discovered a deluge of water pouring into the basement from a window well," causing significant damage, according to the suit, filed in late March in Manitoba Court of King's Bench.

After that, "significant long-term mould growth was found throughout the basement, necessitating the complete gutting of the basement and requiring extensive remediation to remove the mould," the court document says.

The lawsuit alleges the extent of mould and rot found in the basement indicated the problem had been going on for some time.

The house buyer is suing the former owner of the house, as well as the real estate agent for the sale and Royal LePage Dynamic Real Estate, the brokerage the agent works with.

The plaintiff, Antonio Rinella — who is also a real estate agent but works for a different brokerage — is seeking an unspecified amount in damages. 

The allegations have not been tested in court and the defendants have not filed statements of defence. 

A spokesperson for Royal LePage Dynamic Real Estate declined to comment.

The lawsuit claims the moisture infiltration and window well flooding were exacerbated by the fact that the ground sloped toward the house in the back yard, causing water to pool there and eventually seep into the basement.

Rinella couldn't detect that before he bought the house because of a large deck that had recently been constructed over the area, the claim says.

Prior to the house sale in 2022, the seller filled out a property disclosure statement that became part of the sale agreement.

The lawsuit alleges she responded to one question in the property disclosure by saying "she was not aware if the property contained or once contained mould."