What are the consequences of failing to identify and repair latent defects in a condominium unit?

British Columbia, Canada


The following excerpt is from Nieman v. Kroeker, 2017 BCSC 368 (CanLII):

The defendants argue that some or all of the defects were patent or obvious and are therefore unrecoverable. Under Winnipeg Condominium, only the cost of remedying dangerous latent defects are recoverable: paras. 35, 53; see also Cardwell v. Perthen, 2007 BCCA 313 at paras. 38, 41-53 [Cardwell]. As stated at para. 48 of Cardwell, “[a] purchaser who does not see defects that are obvious, visible, and readily observable, or does not understand the implications of what he or she sees, cannot impose the responsibility - and liability - on the vendor to bring those things to his or her attention.”

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