Legally Speaking Defects, Disclosure and Caveat Emptor #430

It’s trite law that a seller and a listing REALTOR® have a duty to disclose known material latent defects, but not patent defects…

Legally Speaking Buyer Beware of Patent Defects #415

A seller has a duty to disclose material latent defects, but not patent defects, and the doctrine of caveat emptor (buyer beware) continues to apply to real estate transactions in BC…

Legally Speaking More Caveat Emptor, Latent and Patent Examples #384

The owners of a house, which was old when they bought it in 1979, sold it in 1994 to buyers who discovered after completion that the kitchen floor sloped 2.5 to five centimetres from one side to the other…

Legally Speaking Nude Beach – Disclosure or Not: Latent or Patent Defect?; Limitation Act – 30 Year Limitation Period: Right to Sue Municipality Lost #346

Full disclosure and view property take on entirely different meanings when a nude beach is involved. Some buyers might think a nude beach next to their lakefront property is an asset…

Legally Speaking Breach of Duty and Fraudulent Misrepresentation #129

Termites, latent defect, non-disclosure, breach of duty, fraudulent misrepresentation, and all occurring in Toronto. A young couple purchased a home in an area of termite…

Legally Speaking Defects, Duty to Disclose Those That Are Reasonably Discoverable #66

We import more than fruit, vegetables, movies and the Beach Boys from California; now we may be importing their law…

Legally Speaking Nonfeasance or Misfeasance – A Gratuitous Promise #58

Occasionally a licensee may be asked during the period of a listing to do the owners a favour while they are on holidays by perhaps turning up the heat in the winter or watering the lawns in the summer…