REAL ESTATE AGENTS AND BROKERS - Liability - Types of

Law360 Canada (July 20, 2022, 6:29 AM EDT) -- Appeal by Fyfe from the trial judge’s findings that they were liable for negligence and damages on the grounds that the liability findings reflected legal error and the trial judge erred in his assessment of damages. The respondents purchased a 160-acre property for developing an executive retreat (“Fernie Property”). At the time of the purchase, they knew that approximately 100 acres of the land was in the Agricultural Land Reserve (“ALR”). The respondents did not know the Fernie Property was subject to a boundary review by the Agricultural Land Commission, with a likelihood that the remaining 60 acres would also be incorporated into the ALR unless the seller or the respondents, as purchasers, opted out. No one exercised the entitlement to opt out. The respondents learned post-purchase that the entirety of the Fernie Property was in the ALR. Because of this, they had to change their development plans, resulting in considerable delay and added expense. Fyfe was the listing agent for the Fernie Property. Before closing date, he learned of the boundary review, the fact that the Fernie Property was caught by the review and the entitlement of the owner to opt out. However, he did not disclose this information to the respondents. The respondents sued Fyfe, his real estate corporation and the supervising brokerage firm. The trial judge found all three liable for negligence and awarded the respondents damages....
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