Can a realtor be liable to a purchaser for failing to disclose a latent patent defect?
British Columbia, Canada
The following excerpt is from Gill v. Bassi, 2014 BCSC 1972 (CanLII):
The realtor defendants rely on Cardwell v. Perthen, 2007 BCCA 313 at paras. 44-48 for the proposition that there can be no liability to a purchaser for failure to disclose patent, as opposed to latent, defects. Patent defects are those the purchaser could have discovered on reasonable inspection or inquiry. The defendants argue that the right of way was such a patent defect because it could have been discovered by a title search.
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