Does a warranty that was not included in a purchase agreement of real estate be incorporated into the conveyance?

British Columbia, Canada


The following excerpt is from Jemi Holdings Ltd. v. 528428 British Columbia Ltd., 1997 CanLII 2161 (BC SC):

There is one subject that I should address even though it was not raised by the parties. It is the doctrine of merger. I assume there were conveyances of the lands and, because of this, the question of merger arises. Does the warranty merge into the conveyances and thus disappear? In Fraser-Reid v. Droumtsekas (1979), 1979 CanLII 55 (SCC), 103 D.L.R. (3d) 385 (S.C.C.), Dickson J. stated the general rule (at p.394): Although it is the general rule that the acceptance of a deed is prima facie full execution of the agreement to convey, and preliminary agreements and understandings relating to the sale of land become merged in the conveyance, such a rule is not applicable to independent covenants or collateral stipulations in an agreement of sale not intended by the parties to be incorporated in the conveyance.

Other Questions


Does a purchaser have a right to resile from a contract of purchase and sale if the purchaser fails to complete the purchase at the agreed price? (British Columbia, Canada)
Is a real estate agent required to notify the purchaser that it had repudiated a purchase agreement? (British Columbia, Canada)
What constitutes the "entire agreement" clause in an agreement of purchase and sale? (British Columbia, Canada)
What is the test for establishing a collateral agreement where the collateral agreement is inconsistent with or contradicts the written agreement? (British Columbia, Canada)
What is the effect of a Power Purchase Agreement on a Possessory Interest Agreement? (British Columbia, Canada)
Does an application to vary an agreement that is incorporated into a court order for spousal support that is not reached by agreement be subject to the same analysis under the Divorce Act? (British Columbia, Canada)
Does an agreement incorporated into an order under s. 15.2 of the Criminal Code include that it is subject to variation upon a material change of circumstances? (British Columbia, Canada)
How have courts in BC dealt with an agreement of purchase and sale that includes "adjacent land" that the vendor does not yet own? (British Columbia, Canada)
What is the test for specific performance of an agreement to purchase a residential property? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.