Mr. Macdonald acted as defence counsel for realtors for a number of years. Besides negligence, realtors may be found liable for torts such as negligent misrepresentation and deceit.
Examples of circumstances where realtors have been found liable include the following:
1. In respect to the purchase of a unit in a housing cooperative on leased land, failing to discover or advise a purchaser of the existence of a head lease provision allowing for a rent revision every 22 years based upon land value.
2. In respect to the purchase of a home, a realtor was found liable for deceit for failing to advise the purchasers that he was aware the home had a mildew problem and actively dissuaded them from obtaining a home inspection prior to deciding about the purchase.
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