Does the common law imply that real estate is sold in any particular state or is fit for any particular purpose?
Ontario, Canada
The following excerpt is from Thomas v Raynard, 2014 CanLII 68826 (ON SCSM):
74. The common law does not imply any warranty that real estate is sold in any particular state or is fit for any particular purpose - to the contrary, the governing principle is caveat emptor: Fraser-Reid v. Droumtsekas [supra] [further citations omitted]... The courts have consistently demonstrated an unwillingness to assist purchasers who failed to heed the dictum “buyer beware”, including those who purchase contaminated lands.
49. But regardless of the state of the law in 2001, more recent appellate pronouncements make it clear, in my respectful view, that the expansive duty of disclosure suggested in Swayze v. Robertson, supra, is not good law.
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