Can a vendor be held liable for latent defects if he fraudulently or negligently misrepresents the condition of the property?
British Columbia, Canada
The following excerpt is from Bernstein v. James Dobney & Associates, 2003 BCSC 986 (CanLII):
While a vendor can be found liable for latent defects if he fraudulently or negligently misrepresents the condition of the property in accordance with the authority of Eberts v. Aitchison (2000), 4 C.L.R. (3d) 248 (B.C.S.C.), 2000 BCSC 1103, in this case there is no evidence to support an allegation of misrepresentation, and in any event, the fact of the inspection, in my view, negates the purchasers’ reliance upon any representations of the vendor.
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