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Residential TradingABMEDIUM

An Alberta buyer discovers after possession that the home has a serious plumbing defect that the seller's Property Condition Disclosure Statement stated was in good condition. What legal options does the buyer have?

Correct Answer

A) The buyer may sue for negligent or fraudulent misrepresentation if the seller knew of the defect and made a false statement

In Alberta, if a seller knowingly made false statements in the Property Condition Disclosure Statement about a material defect, the buyer may pursue legal action for negligent or fraudulent misrepresentation. The buyer must prove the seller knew about the defect and made an inaccurate representation that the buyer relied upon in making the purchase decision.

Answer Options
A
The buyer may sue for negligent or fraudulent misrepresentation if the seller knew of the defect and made a false statement
B
The buyer has no legal recourse after taking possession, because the doctrine of buyer beware applies once the deal closes
C
The buyer can only file a complaint with the municipality, which enforces the accuracy of disclosure statements through its safety codes officers
D
The buyer must accept all defects once they take possession, since possession is treated as final acceptance of the property

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Key Terms

misrepresentationProperty Condition Disclosurecaveat emptorlegal recourse
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