What is the test for misrepresentation in a property condition disclosure statement?
Saskatchewan, Canada
The following excerpt is from Chrun v Rimmer, 2011 SKPC 157 (CanLII):
For a misrepresentation to result in damages, arising from breach of contract, the representation must be a term of the contract. However, statements in a PCDS do not necessarily become warranties. As stated in Zaenker v. Kirk, [1999] B.C.J. No. 3033 (B.C.S.C.): 19. 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…It merely indicates that the statements therein are true according to the seller’s “current actual knowledge”…
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