What is the test for "caveat emptor" or "let the buyer beware" in the sale of land?
Ontario, Canada
The following excerpt is from Dennis v. Gray, 2011 ONSC 1567 (CanLII):
The doctrine of "caveat emptor" or "let the buyer beware" generally applies to the sale of land. There is no implied warranty of fitness for human habitation upon the purchase of a house already completed at the time of sale. The notion is that a buyer who does not protect himself by contract, or by inspection, will, absent fraud, be without remedy: Fraser-Reid v. Droumtsekas, 1979 CanLII 55 (SCC), [1980] 1 S.C.R. 720, [1979] S.C.J. No. 125, at p. 720 S.C.R.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the general rule of caveat emptor apply in circumstances where there has been misrepresentation? (Ontario, Canada)
Is an easement necessary for the reasonable enjoyment of land granted by an owner of land and retains other parts himself? (Ontario, Canada)
Can a vendor lose the protection of caveat emptor if found negligent or fraudulent misrepresentation? (Ontario, Canada)
How has the principle of caveat emptor been modified? (Ontario, Canada)
What is the test for the doctrine of caveat emptor? (Ontario, Canada)
Is a municipal councillor required to declare an interest in the sale of a piece of land where the land is to be sold? (Ontario, Canada)
What is the test for caveat emptor in real estate transactions? (Ontario, Canada)
What is the test for an equitable charge or lien against a claimant who has expended money on part of his land on faith that part of the land will be made over to the claimant? (Ontario, Canada)
What is the scope of an easement where a tenant of a tenement wishes to change the character of the land so that the land can be used for a different purpose? (Ontario, Canada)
What is the test for buyer beware? (Ontario, Canada)
