What is the current state of the law on disclosure of known or patent defects?

British Columbia, Canada


The following excerpt is from Milroy v. Smith, 2019 BCCRT 1022 (CanLII):

24. The law says the seller is not under any duty to disclose known or patent defects, but must not actively conceal them. The law only requires a seller to disclose latent or hidden defects if they are known to the seller. (see Rusak v. Henneken [1986] B.C.J. No. 3072 (S.C.)).

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