What constitutes negligent misrepresentation in real estate law?

British Columbia, Canada


The following excerpt is from The Lodging Company Reservations Ltd. dba TripLink.ca Vacations v. Yu, 2019 BCCRT 561 (CanLII):

21. A negligent misrepresentation occurs when: (1) there is a duty of care based on a “special relationship” between the seller making the representation and the buyer, (2) the representation in question was untrue, inaccurate, or misleading, (3) the seller acted negligently in making the representation, (4) the buyer relied in a reasonable manner on the negligent misrepresentation, and (5) the reliance must have been detrimental to the buyer (see: Queen v. Cognos Inc., 1993 CanLII 146 (SCC)).

Other Questions


Can silence constitute negligent misrepresentation in the real estate context? (British Columbia, Canada)
What constitutes negligent misrepresentation and fraudulent misrepresentation? (British Columbia, Canada)
What constitutes a fraudulent misrepresentation and a negligent misrepresentation? (British Columbia, Canada)
What constitutes negligent misrepresentation in a real estate transaction? (British Columbia, Canada)
What constitutes negligent misrepresentation in a real estate contract? (British Columbia, Canada)
What constitutes a fraudulent misrepresentation in a real estate transaction? (British Columbia, Canada)
What constitutes a misrepresentation in a real estate transaction? (British Columbia, Canada)
What are the elements of negligent misrepresentation in a real estate application? (British Columbia, Canada)
What are the requirements for tort liability for misrepresentation in the context of a claim of negligent misrepresentation? (British Columbia, Canada)
Is an innocent misrepresentation or a negligent misrepresentation? (British Columbia, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.