What is the test for the doctrine of caveat emptor in used home purchase transactions?

Manitoba, Canada


The following excerpt is from O’Neill v. Pierce, 2001 MBQB 178 (CanLII):

I also refer to the decision of Hamilton J. in Kemp v. Leshchyshyn, [1997] M.J. No. 180. In particular she stated as follows: 6 The defendants rely on the doctrine of "caveat emptor". This legal principle is still applicable in Manitoba and applies to used home purchase transactions. This doctrine stands for the proposition "buyer beware". In other words, a buyer purchases at his or her own risk. The buyer is responsible for investigating the property or obtaining appropriate warranties from the seller. The defendants also rely on the express disclaimers in the offer referred to above. The doctrine of caveat emptor will not protect a seller who has made fraudulent misrepresentations by act or omission. If there is no deceit by the seller, then the purchaser has no remedy unless there was a warranty from the seller.

Other Questions


What is the test for an agent to prove that a transaction was a true transaction? (Manitoba, Canada)
What is the test for a purchaser to rescind a purchase? (Manitoba, Canada)
Does the doctrine supporting finality of court decisions apply equally to decisions made by administrative officers or tribunals? (Manitoba, Canada)
How has the doctrine of mootness been interpreted in the context of a personal injury action? (Manitoba, Canada)
What is the test for the doctrine of functus officio? (Manitoba, Canada)
Is a child entitled to damages under the doctrine of common law damages under which they are not entitled? (Manitoba, Canada)
Does the doctrine of res judicata extend to rulings as to the admissibility of confessions? (Manitoba, Canada)
How does the doctrine of negli gence apply when a defen dant causes damage to property where the damage was not caused by the defen-dant? (Manitoba, Canada)
Does a privative clause in a contract allow a purchaser to object to title when the vendor appears to have no title? (Manitoba, Canada)
What is the liability of a solicitor in a real estate transaction? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.