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In the absence of a contract to the contrary, what principle governs an immovable property buyer’s…

Section 55(1)(a) requires the seller to disclose a material defect known to the seller, unknown to the buyer and undiscoverable by the buyer with ordinary care. For a patent…

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In the absence of a contract to the contrary, what principle governs an immovable property buyer’s responsibility for a patent defect discoverable with ordinary care?

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Answer and explanation

Correct answer A

Section 55(1)(a) requires the seller to disclose a material defect known to the seller, unknown to the buyer and undiscoverable by the buyer with ordinary care. For a patent defect within the question’s assumptions, caveat emptor is the apt maxim.

Option feedback

Option A

This is the usual application of caveat emptor to a patent defect.

Option B

Section 55(1)(a) limits the disclosure obligation to a material defect the buyer could not discover with ordinary care.

Option C

Section 55(1)(a) states a disclosure duty for specified defects. It does not require a seller to repair every visible defect.

Option D

Section 55(1)(a) does not make silence concerning a discoverable defect a breach of the stated disclosure duty.

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