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Latent and Patent Defects, and Material Facts

by on February 14, 2011

Latent and Patent Defects, and Material Facts Ontario Real Estate Source By Brian Madigan LL.B. The matter of patent and latent defects falls under the law of real property and the issue of disclosure. A Patent defect is clear, apparent, observable and not hidden from view. A Latent defect is not readily apparent to the [...]

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Seller’s Right to Remain Silent

by on May 18, 2010

Vendor’s Inalienable Right to Remain Silent By Brian Madigan LL.B. (Ontario Real Estate Source) For centuries, the rule of “caveat emptor” has had a prominent place in real estate transactions. It is a latin expression meaning “let the buyer beware”. That’s a warning! The buyer is on his own. The seller can keep quiet. There’s [...]

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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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