Does a vendor make representations as to the maturity date of a mortgage that is not being assumed by the purchaser, but is later than represented?

Alberta, Canada


The following excerpt is from Morretta v. Western Computer Investment Corporation Ltd., 1983 ABCA 306 (CanLII):

In Lambert v. Krum (1923) 200 N.Y.S. 452 the court held that where a vendor made representations as to the maturity date of the mortgage (to be assumed by the purchaser) and the maturity date was earlier than represented, the warranty as to the maturity date was merged in the conveyance.

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