Larson v. Lotus

Larson v. Lotus

Claim dismissed because the vendor had disclosed water intrusion elsewhere on the disclosure form, honestly answered that there was no chimney problem based on a recent building inspector's report and reasonable belief, and there was no evidence of deliberate intent to mislead; accordingly no breach of the Property Condition Disclosure Statement and no liability for repairs.

Citation
2021 NSSM 19
Parties
Claimant: Elizabeth Jean Larson; Claimant: Sebastian John Roberts; Defendant: Gem Lotus
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
17 June 2021
Procedural Posture
Small Claims Court Property Dispute / Decision After Hearing
Outcome
Claim dismissed without costs to either party
Legal Topics
Property Condition Disclosure Statement, Misrepresentation, Caveat Emptor, Vendor Disclosure Obligations
Source Language
English
Real Property Contract Law Tort/misrepresentation Property Condition Disclosure Statement Misrepresentation Caveat Emptor Vendor Disclosure Obligations

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Parties

Elizabeth Jean Larson

Claimant

Sebastian John Roberts

Claimant

Gem Lotus

Defendant

Procedural Posture

Small Claims Court Property Dispute / Decision After Hearing

Legal Issues

  1. 1 Whether the vendor misrepresented the condition of the chimney on the Property Condition Disclosure Statement
  2. 2 Whether the vendor intentionally misled purchasers
  3. 3 Whether the vendor is liable for cost of chimney repairs and consequent water damage

Ratio Decidendi

Claim dismissed because the vendor had disclosed water intrusion elsewhere on the disclosure form, honestly answered that there was no chimney problem based on a recent building inspector's report and reasonable belief, and there was no evidence of deliberate intent to mislead; accordingly no breach of the Property Condition Disclosure Statement and no liability for repairs.

Court Disposition

Claim dismissed without costs to either party

Orders

  • The within claim is dismissed without costs to either party.