Does a property condition disclosure statement need to be more detailed?
British Columbia, Canada
The following excerpt is from Ward v. Smith, 2001 BCSC 1366 (CanLII):
In Zaenker v. Kirk (1999), 30 R.P.R. (3d) 9 (B.C.S.C.), Mr. Justice Lamperson also held at para. 19 that, Although the property condition disclosure statement forms part of the agreement for a purchase and sale, it is not necessarily a warranty. Its main purpose is to put purchasers on notice with respect to known problems. The disclosure statement would have to be far more detailed if it was meant to do more. It merely indicates that the statements therein are true according to the seller’s current actual knowledge.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a statement in a property condition disclosure statement a "representation"? (British Columbia, Canada)
Does a property disclosure statement have to be more detailed than it is required to be? (British Columbia, Canada)
What is the test for a claim for breach of contract arising out of a statement in a property disclosure statement? (British Columbia, Canada)
What is the effect of a property condition disclosure statement in a purchase and sale agreement? (British Columbia, Canada)
What is the limitation of a property disclosure statement? (British Columbia, Canada)
Does a developer have to provide copies of new disclosure statements or amendments to purchasers who have not yet received title to the property? (British Columbia, Canada)
When one spouse excludes property that is real property, is that a spouse entitled to an undivided half interest in the increased value of the property? (British Columbia, Canada)
What is the property of a property that is unique and specific performance? (British Columbia, Canada)
Is there any case law where a party who has not made full disclosure to a court has to prove to the court that there has been full disclosure? (British Columbia, Canada)
In what circumstances will the court order that a defendant provide a Property and Financial Statement for the purposes of contesting a maintenance claim? (British Columbia, Canada)
