What is the current state of the law on liability for misrepresentation in the construction of a property?
British Columbia, Canada
The following excerpt is from Leduc v. Acton, 2021 BCCRT 1025 (CanLII):
23. In general, a purchaser bears the risk of defects in a property’s quality. This is based on a legal doctrine of caveat emptor, which is Latin for “let the buyer beware”. It is a complete defence to claims about defects in property, subject to the following exceptions: a) a breach of contract, b) active concealment, i.e. fraud, and c) non-innocent or negligent misrepresentation: Nixon v. MacIver, 2014 BCSC 533, confirmed in 2016 BCCA 8.
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