What is the standard of care in the real estate professional context?

British Columbia, Canada


The following excerpt is from McGuire v Kernel Construction & Development Ltd., 2019 BCSC 58 (CanLII):

In Walls v. Ross, [2001] B.C.J. No. 1641, 2001 BCPC 187, at paras. 66-74, Stansfield A.C.J. offers a lengthy discussion of the circumstances in which expert evidence will be necessary to define the standard of care in the real estate professional context: … A review of the cases referred to in these reasons suggests that unless conduct is particularly egregious, the court likely requires expert evidence of the usual or customary standard in the real estate industry regarding: a) the kind of information that must be checked or verified by realtors, where it has not been demonstrated that the realtor had cause to doubt the information; b) a duty to take positive steps to confirm the nature, identity and extent of the property they advertise, including any duty to recommend a purchaser secure a plot plan or survey; and c) a duty to recommend that the purchaser secure an inspection regarding the soundness of premises, including any structural defects.

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