I also refer to the decision of Hamilton J. in Kemp v. Leshchyshyn, [1997] M.J. No. 180. In particular she stated as follows: 6 The defendants rely on the doctrine of "caveat emptor". This legal principle is still applicable in Manitoba and applies to used home purchase transactions. This doctrine stands for the proposition "buyer beware". In other words, a buyer purchases at his or her own risk. The buyer is responsible for investigating the property or obtaining appropriate warranties from the seller. The defendants also rely on the express disclaimers in the offer referred to above. The doctrine of caveat emptor will not protect a seller who has made fraudulent misrepresentations by act or omission. If there is no deceit by the seller, then the purchaser has no remedy unless there was a warranty from the seller.
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