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Regulatory ComplianceConsumer ProtectionBCMEDIUM

In British Columbia, which legislation sets out a real estate licensee's duty to disclose known material latent defects to buyers?

Correct Answer

C) Real Estate Services Act (RESA)

The licensee's duty comes from the Real Estate Services Rules made under RESA: s. 59 requires a licensee acting for a seller to disclose known material latent defects to all other parties, promptly and before any agreement. The Property Disclosure Statement is a voluntary industry form, not a RESA requirement, and a seller's own liability for defects comes mainly from the common law.

Answer Options
A
Property Law Act
B
Business Practices and Consumer Protection Act
C
Real Estate Services Act (RESA)
D
Land Title Act

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Key Terms

Real Estate Services ActRules s. 59material latent defectlicensee disclosureProperty Disclosure Statement
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