Does a seller have an obligation to call attention to patent defects?
Ontario, Canada
The following excerpt is from Arjomandi v. Singh and BMW Canada, 2010 ONSC 5664 (CanLII):
Sellers are not bound to call attention to patent defects. The rule there is caveat emptor and it is the buyer’s responsibility to make inspection and inquiry. Even with latent defects, there is an obligation at common law to inspect before purchasing. The buyer cannot then complain about the consequences if defects are not uncovered (see Rowsell v. Auto Source Inc., [2000] N.J. No. 33 (Nfld. Prov. Ct.).
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