Here’s a quick review of the facts in the Krawchuk and Scherbak case:
Facts
The sellers knew that:
•· the foundation of the house was seriously compromised and
•· there were ongoing plumbing problems.
Sellers’ Liability
The sellers made incomplete disclosure about these problems to the buyer.
Sales Representative’s Liability
The sales representative took no steps to:
•· verify the accuracy of the information supplied by the sellers or
•· protect the buyer from the adverse consequences of this inaccurate information.
Detrimental Reliance by Buyer
Misinformed by the Scherbaks and badly served by the Weddell, the buyer purchased a house with serious latent defects.
Damages Sustained by Buyer
The buyer was forced to move out while she repaired her home at considerable expense.
Comment
You will see that the imposition of liability upon the sales representative in this particular case was based not only upon what she did, but what she failed to do, namely “verify” and “protect”.
Brian Madigan LL.B., Broker