Caveat Emptor – Buyers’ Due Diligence; s.39 of the Real Estate Act and the Power to Impose a Penalty for Frivolous Lawsuits #369
By Gerry NeelyB.A. LL.B. A buyer who bought a waterfront home subsequently sued the listing agency and salesperson in the Victoria small claims court for negligently misrepresenting the garage size and stating that the kitchen cabinetry was made of cherry wood. She complained the garage was not long enough to hold a standard sized car …