What is the current state of the law on the duty of a selling agent to verify or assess the accuracy of information given to a prospective buyer?

British Columbia, Canada


The following excerpt is from Cosway v. Boorman's Investment Co. Ltd., 2008 BCSC 1482 (CanLII):

On the first issue I believe the law was stated accurately by Ryan J. (as she then was) in Shaak v. McIntyre, [1991] B.C.J. No. 2607 (S.C.), where she stated at para. 65: In Bolton v. Solaga, Justice Huddart stated that the duty of a selling agent is: … to check the completeness and accuracy of all information which it is usual or customary for brokers to verify and of all other information as to completeness and accuracy of which he is in doubt before conveying that information to the purchaser. From this I gather that the broker is under a duty to check information of which he or she is in doubt (or ought to have been in doubt) before passing it on to the purchaser.

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