What is the test for the doctrine of caveat emptor in real estate transactions?
British Columbia, Canada
The following excerpt is from Cresswell Investments Ltd. v. Pavone, 2011 BCSC 1069 (CanLII):
Real estate transactions are generally subject to the doctrine of caveat emptor (“let the buyer beware”), which denies the purchaser a remedy for defects and deficiencies discovered in the property. However, as summarized by Ballance J. in Cardwell v. Perthen, 2006 BCSC 333 [Cardwell], aff’d 2007 BCCA 313, there are exceptions:
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