This appeal arose from a cottage purchase involving an alleged septic system defect and a warranty that the system had operated satisfactorily and, to the best of the vendors’ knowledge, was installed according to local health authority requirements.
The court upheld the trial judge’s finding that there was no breach of warranty and no negligence by the real estate brokerage in failing to obtain or draft a broader warranty.
The court allowed the solicitor’s appeal, holding that where counsel is retained after a binding agreement of purchase and sale has been signed, there was no duty on these facts to advise the purchaser to attempt to negotiate a price abatement for a concluded deal.
The claim against the solicitor was dismissed, and the purchaser’s appeal against the other respondents was dismissed.
