In Ontario, if a buyer discovers a significant undisclosed defect after closing that the seller knew about but failed to disclose, what is the buyer's most likely legal recourse?
Correct Answer
B) Sue the seller for fraudulent misrepresentation and damages
When a seller knowingly conceals material defects, this constitutes fraudulent misrepresentation, and the buyer can pursue legal action for damages. The principle of 'caveat emptor' (buyer beware) has limitations when fraud is involved, and sellers have a duty to disclose known material defects.
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In Ontario, a buyer submits an offer on a property that was listed as 'seller representation only.' The listing agent wants to also represent the buyer. What disclosure and consent requirements must be met under REBBA 2002?
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