What constitutes negligent misrepresentation in real estate law?
British Columbia, Canada
The following excerpt is from The Lodging Company Reservations Ltd. dba TripLink.ca Vacations v. Yu, 2019 BCCRT 561 (CanLII):
21. A negligent misrepresentation occurs when: (1) there is a duty of care based on a “special relationship” between the seller making the representation and the buyer, (2) the representation in question was untrue, inaccurate, or misleading, (3) the seller acted negligently in making the representation, (4) the buyer relied in a reasonable manner on the negligent misrepresentation, and (5) the reliance must have been detrimental to the buyer (see: Queen v. Cognos Inc., 1993 CanLII 146 (SCC)).
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