Willman v. Durling

Willman v. Durling

Although the property had a latent defect (water intrusion through defective weeping tile) the vendor did not know of a chronic leakage problem nor actively conceal it; absent fraud, active concealment or an express/implied warranty, caveat emptor applies and the vendor is not liable for the purchaser's repair costs, therefore the claim fails.

Citation
2006 NSSM 21
Parties
Claimant: LAURA MARIE WILLMAN and DAVID MICHAEL WILLMAN; Defendant: JAMES WILLIAM DURLING
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
21 September 2006
Procedural Posture
Small Claims Court / Decision
Outcome
Claim dismissed; counterclaim dismissed
Legal Topics
Latent Defects, Caveat Emptor, Vendor Disclosure, Negligent Misrepresentation, Residential Property Sale
Source Language
English
Real Property Contract Law Tort (misrepresentation) Latent Defects Caveat Emptor Vendor Disclosure Negligent Misrepresentation Residential Property Sale

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Parties

LAURA MARIE WILLMAN and DAVID MICHAEL WILLMAN

Claimant

JAMES WILLIAM DURLING

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the basement water intrusion constituted a latent defect
  2. 2 Whether the vendor was aware of the defect and obliged to disclose it
  3. 3 Whether nondisclosure amounted to fraud or negligent misrepresentation

Ratio Decidendi

Although the property had a latent defect (water intrusion through defective weeping tile) the vendor did not know of a chronic leakage problem nor actively conceal it; absent fraud, active concealment or an express/implied warranty, caveat emptor applies and the vendor is not liable for the purchaser's repair costs, therefore the claim fails.

Court Disposition

Claim dismissed; counterclaim dismissed

Orders

  • Claim dismissed
  • Counterclaim dismissed