Does a seller have a duty to disclose known defects?
British Columbia, Canada
The following excerpt is from quiring v. Moss, 2018 BCCRT 749 (CanLII):
12. Although a seller does not have a duty to disclose known defects, he or she must not actively conceal them. If the seller, knowingly or recklessly, makes a false representation to a buyer, intending for the buyer to act on the representation as an inducement to enter a contract and suffer a detriment, this may amount to fraudulent misrepresentation (see, for example, Ban v. Keleher, 2017 BCSC 1132). In these circumstances, a buyer may have a right of recovery.
"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
What is the common law duty of a seller to disclose known defects to a buyer when selling a used vehicle? (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)
What is a seller's duty to disclose patent defects to the purchaser? (British Columbia, Canada)
Does a seller have to disclose a patent defect to the buyer of a property? (British Columbia, Canada)
Does a seller have to disclose patent defects to the buyer? (British Columbia, Canada)
Does a seller have a duty to disclose patent defects to the purchaser? (British Columbia, Canada)
What is the test for disclosing known defects in a private used vehicle sale? (British Columbia, Canada)
What is a latent defect in a property and what is a patent defect? (British Columbia, Canada)
Is there a duty of care to disclose the existence of a latent defect in a sump pump? (British Columbia, Canada)
Does the doctrine of "caveat emptor” apply where the vendor fails to disclose dangerous latent defects? (British Columbia, Canada)
