Patent Defects

Defects, Disclosure and Caveat Emptor #430

Legally Speaking

By Jennifer CleeB.A., LL.B. It’s trite law that a seller and a listing REALTOR® have a duty to disclose known material latent defects, but not patent defects. Sometimes the distinction as to what constitutes a patent defect or a latent defect isn’t clear. Take a sump pump in the crawl space, for instance. Is it

Buyer Beware of Patent Defects #415

Legally Speaking

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. A seller spent four years renovating their residence, including constructing several retaining walls, relocating the kitchen, adding a bathroom and bar, moving an interior

More Caveat Emptor, Latent and Patent Examples #384

Legally Speaking

By Gerry NeelyB.A. LL.B. 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. The buyers elected not to retain a home inspector, although there were

Breach of Duty and Fraudulent Misrepresentation #129

Legally Speaking

By Gerry Neely B.A. LL.B 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 infestation which had started about five years prior to their purchase. They were aware of this problem because an earlier conditional offer made by them

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

Legally Speaking

By Gerry NeelyB.A. LL.B. We import more than fruit, vegetables, movies and the Beach Boys from California; now we may be importing their law. A licensee has forwarded a reference to a decision of the California Supreme Court which contains reasons similar to those of a recent British Columbia decision concerning the duty of an

Nonfeasance or Misfeasance – A Gratuitous Promise #58

Legally Speaking

By Gerry NeelyB.A. LL.B. 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. Instead of telling the owners that they are getting paid to sell