What is the test for "buyer beware" in real estate transactions?

British Columbia, Canada


The following excerpt is from Bhumrah v. Mann et al, 2018 BCCRT 764 (CanLII):

16. The principle of “buyer beware” applies to real estate transactions, and a buyer is expected to make reasonable inquiries about, and conduct a reasonable inspection of, a property. Unless a seller breaches the contract, commits fraud, or fails to disclose a latent defect that cannot be discovered by reasonable inspection, a buyer assumes the risks for any defects in the condition or quality of the property (see, for example, Nixon v. MacIver, 2016 BCCA 8).

17. A latent defect is one which cannot be readily discovered through a reasonable inspection of the property, including one which renders the property dangerous or unfit for habitation. A patent defect is one that can be discovered by conducting a reasonable inspection and making inquiries about the property (see, for example, Cardwell v. Perthen, 2006 BCSC 333, affirmed 2007 BCCA 313).

Other Questions


What is the law on “buyer beware” in real estate transactions? (British Columbia, Canada)
Is a buyer entitled to return the deposit money paid by the buyer to the buyer? (British Columbia, Canada)
Does the principle of buyer beware apply to real estate purchases? (British Columbia, Canada)
What is the applicable standard of care for a buyer in a real estate transaction? (British Columbia, Canada)
What are the requirements for a buyer to obtain damages for misrepresentation in a real estate transaction? (British Columbia, Canada)
What is the test for a buyer in a real estate transaction? (British Columbia, Canada)
How has the value of a parcel of land been determined in real estate law in the context of real estate transactions? (British Columbia, Canada)
Can a party in a commercial real estate transaction aborts the closing of the transaction and forfeits the deposit? (British Columbia, Canada)
What is the law on latent deficiencies in real estate transactions? (British Columbia, Canada)
What constitutes a misrepresentation in a real estate transaction? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.