Is a disclosure statement not a warranty?
British Columbia, Canada
The following excerpt is from Swift v. Kung and Kung et al, 2006 BCSC 1123 (CanLII):
The law is clear that the disclosure statement is not a warranty. In Arsenault v. Pedersen, [1996] B.C.J. No. 1026, the court stated: The disclosure statement does not call upon a vendor to warrant a certain state of affairs. It requires the vendor to say no more than that he or she is or is not aware of problems.
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