Is a purchaser bound by the provision in an agreement that "the purchaser accepts the purchaser's title to the said land"?
Saskatchewan, Canada
The following excerpt is from Western Canada Investment Company Ltd. v. McDairmid, 1922 CanLII 171 (SK CA):
The provision in the agreement that “the purchaser accepts the title to the said land” has received judicial consideration in a number of cases, and the rule adopted is, that which was laid down by the Master of the Rolls in Bousfield v. Hodges, 33 Beav. 90, as follows: As to the acceptance of the title, I assent to this proposition:—that a purchaser is only bound by his acceptance of the title, so far as he is made cognizant of it, and that if anything is kept back by the vendor he is not, as to that, bound by his acceptance.
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