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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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Previous Damage Must Be Disclosed even if Repaired

by on May 11, 2011

Seller Property Information Statement ~ Kaufmann and Gibson   SPIS ~ Kaufmann and Gibson Ontario Real Estate Source   By Brian Madigan LL.B. This is a case involving the improper completion of the Seller Property Information Statement by the vendors. The Kaufmanns resided in London Ontario and acquired their residence in 1981. They original house [...]

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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 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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