What is the duty of a vendor to disclose patent defects to the purchaser?
British Columbia, Canada
The following excerpt is from Bernstein v. James Dobney & Associates, 2003 BCSC 986 (CanLII):
The authority Khaira v. Nelson (2002), 1 R.P.R. (4th) 76 (B.C.S.C.), 2002 BCSC 1045 provides that there is no duty on the part of a vendor to disclose patent defects to the purchasers, patent defects being those which are discoverable by conducting a reasonable inspection of the premises and making reasonable inquiries into its qualities. In case of patent defects, the rule of caveat emptor strictly applies. It is also the case that a purchaser will be held to a fairly high standard of inspection.
"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
Can a realtor be liable to a purchaser for failing to disclose a latent patent defect? (British Columbia, Canada)
What is a seller's duty to disclose patent defects to the purchaser? (British Columbia, Canada)
What is the duty of a vendor to disclose a dangerous latent defect in a property to the purchaser? (British Columbia, Canada)
Does a seller have a duty to disclose patent defects to the purchaser? (British Columbia, Canada)
What are the definitions of latent defects and what are the consequences if a vendor fails to disclose or conceal a latent defect? (British Columbia, Canada)
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 purchaser required to inspect and discover a patent defect? (British Columbia, Canada)
Does a seller have to disclose patent defects to the buyer? (British Columbia, Canada)
Does the doctrine of "caveat emptor” apply where the vendor fails to disclose dangerous latent defects? (British Columbia, Canada)
Does a seller have to disclose a patent defect to the buyer of a property? (British Columbia, Canada)
