Can a purchaser bring an action on conditions and warranties contained in the deed of conveyance?

Ontario, Canada


The following excerpt is from Beatty v. Wei, 2018 ONCA 479 (CanLII):

An older line of cases held that a purchaser could only bring an action on conditions and warranties contained in the deed of conveyance, unless the parties stipulated at an earlier stage of their dealings that any conditions and warranties in the agreement of purchase and sale were not to be superseded by the deed: see, for example, Redican v. Nesbitt, 1923 CanLII 10 (SCC), [1924] S.C.R. 135, at pp. 146-47.

Other Questions


Can a mortgagee who buys land from a tax purchaser who is not a mortgagor set up as an absolute purchaser of the land as if he had purchased from a stranger? (Ontario, Canada)
What are the implications of a motion judge's decisions regarding the restoration of an action to the trial list under r.48.11 and the dismissal of an Action for Delay pursuant to r.24.01? (Ontario, Canada)
Is not necessary for a party to impeach a conveyance to prove that it was not a creditor at the time of the conveyance? (Ontario, Canada)
What is the effect of the warranties on the purchase and sale of a real estate agent? (Ontario, Canada)
Does a manufacturer’s conduct in the course of business, in the context of an examination of a motor vehicle, constitute a duty of sale to the purchaser of the vehicle at the time of purchase? (Ontario, Canada)
Is the certification stage of a class action a test of the merits of the action? (Ontario, Canada)
In what circumstances have courts found that a beneficiary under a power of attorney's will has standing to bring an action to obtain an accounting from his sister? (Ontario, Canada)
Is it unreasonable for a purchaser not to sell their shares at the time they were induced into a purchase agreement? (Ontario, Canada)
Is a warranty contained in a contract enforceable? (Ontario, Canada)
What is the test for dismissing an action as prescribed on the basis that the cause of action had accrued more than 6 years before the Statement of Claim was issued? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.