Can a property owner be held liable for failing to disclose to the purchaser that he had a water issue with his property?
Saskatchewan, Canada
The following excerpt is from Shynkaruk v. Marshall, 2004 SKPC 51 (CanLII):
In Gauthier v. Hipkiss, (2002), S.J. No. 451, when the plaintiffs had serious flooding shortly after taking possession of the premises, the defendant was held liable for negligent representation for failing to make adequate disclosure of water problems he had with his property. The basis for the defendants’ liability was not contractual, based on a pcds, but is based upon tort law.
"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
Does a subsequent purchaser of the legal estate have to pay the full consideration of the purchase, even after the purchase was completed, if the subsequent purchaser has paid the entire amount of consideration, even though the previous purchaser had a prior equitable interest in the property? (Saskatchewan, Canada)
Is there any relationship between a co-owner of a property and the owner of the property? (Saskatchewan, Canada)
Is an owner of a property entitled to make a sale of the property himself notwithstanding that he has listed the property with an agent? (Saskatchewan, Canada)
Is a purchaser bound by his acceptance of title to a property when the purchaser has not yet completed the contract? (Saskatchewan, Canada)
When competing interest in a property is expressed in a caveat, can the first purchaser of the property, who filed a caveat at the same time as the second, have priority to the first? (Saskatchewan, Canada)
Is a purchaser bound by the provision in an agreement that "the purchaser accepts the purchaser's title to the said land"? (Saskatchewan, Canada)
Does a purchaser of a property have to give up possession of the property to make a repudiation effective? (Saskatchewan, Canada)
What is the effect of an agreement where an agent is required to pay a commission to a potential buyer of a property if the property is purchased directly or indirectly? (Saskatchewan, Canada)
Is a horse owner liable for injuries sustained by a horse that strays on a neighbour's property and bites a horse? (Saskatchewan, Canada)
In what circumstances will a lien holder of a property be considered a "contractor" of the same class as the owner of the property? (Saskatchewan, Canada)
