Does a vendor have a duty to express their words clearly to the purchaser?
Alberta, Canada
The following excerpt is from 259202 Alberta Ltd. v. Barnieh Investments Ltd., 1984 ABCA 99 (CanLII):
Seaton v. Mapp (1846) 63 E.R. 859 at 862: “The Vice Chancellor (Sir J.L. Knight Bruce) said: ‘I do not greatly admire the case on either side; but I think, and have always thought, that when a vendor sells property under stipulations which are against common right, and place the purchaser in a position less advantageous than that in which he otherwise would be, it is encumbent on the vendor to express himself with reasonable clearness; if he uses expressions reasonably capable of misconstruction, if he uses ambiguous words, the purchaser may generally construe them in the manner most advantageous to himself.’ “
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