In what circumstances will a realtor be found guilty of negligence in relation to an allegation that the realtor or the selling realtor failed to conduct a proper and proper investigation before the sale of the property?
British Columbia, Canada
The following excerpt is from Walls v. Ross, 2001 BCPC 187 (CanLII):
Unlike the situation in Brown v. Fritz (supra), where the realtors were aware of a significant problem and failed to undertake their own inquiries and failed to warn the purchasers adequately, in this case there is no evidence establishing that either the Listing Realtor or the Selling Realtor should have been aware that a more diligent inquiry on their part was necessary. Stated another way, it was not proved that they ought to have been in doubt about information before they passed it on to the purchaser.
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