What is the duty of a vendor to disclose a dangerous latent defect in a property to the purchaser?
British Columbia, Canada
The following excerpt is from Manghat v. Tchilinguirian, 2009 BCSC 1809 (CanLII):
As was recently confirmed by our Court of Appeal in Cardwell v. Perthen (2007), 68 B.C.L.R. (4th) at 117, unless the vendor: 1. fraudulently misrepresents or conceals; 2. knows of a latent defect rendering the home unfit to inhabit; 3. is reckless as to the truth or falsity of statements about the fitness of the house; or, 4. breaches the duty to disclose a dangerous latent defect the onus remains on the purchaser to satisfy him or herself of the quality of the property being sold.
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