Can a home inspector be successful in obtaining summary judgment against a purchaser who signed an authorization for a home inspection without reading it?

Alberta, Canada


The following excerpt is from 331399 Alberta Ltd. v. Worthington Properties Inc., 2010 ABQB 543 (CanLII):

In Ayotte v. Demery 2007 MBQB 66, a purchaser hired a home inspector who completed the inspection and was paid. Later he asked the purchaser to sign the authorization for the inspection, which she did without reading it. It contained a number of new terms. The court held that the underlying contract had already been agreed to and fully performed. Moreover, while the purchaser was careless, the inspector was not totally lacking in fault as it was represented that the document was merely an authorization, not an introduction of new terms. In these unusual circumstances, the court determined that the defence of non est factum was not precluded, and refused to grant summary judgment.

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