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Seller Cannot Conceal the Truth

by on June 9, 2011

Vendor has Obligation to Disclose “Prohibition Order” Vendor has Obligation to Disclose “Prohibition Order” Ontario Real Estate Source By Brian Madigan LL.B. The Supreme Court of British Columbia dealt with the matter of the vendor’s duty to disclose Pavenham Development Corp. v. Sladen(1997). The Facts •· The vendor owned a property that he rented out. [...]

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RECO Discipline ~ Non Disclosure of Related Parties

by on May 11, 2010

RECO Discipline ~ Keeping the Relatives Secret By Brian Madigan LL.B. (Ontario Real Estate Source) This could present something of a problem! And, recently it did for an Ontario real estate agent who thought that it would be best if he failed to mention that he was related to the buyer. Maybe someone (namely, the [...]

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Seller’s Obligation to Disclose in Ontario Real Estate Transactions

by on December 14, 2009

Seller’s Obligation to Disclose in Ontario Real Estate Transactions By Brian Madigan LL.B. The general rule of law in Ontario concerning the purchase of land is that of “caveat emptor”, or as translated from Latin “let the buyer beware.” At common law, this principle stood for the proposition that when the buyer had required no [...]

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Active Concealment of Damage Eliminates “Caveat Emptor”

by on November 7, 2009

Answering “Unknown” is Active Concealment in Disclosure Document By Brian Madigan LL.B. Mr. and Mrs. Whaley purchased a small house from the vendors Mr. and Mrs. Dennis in 2002 . The property was located in the Niagara Peninsula and was intended to be the retirement home of the purchasers. The case of Whaley vs. Dennis [...]

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