Misrepresentations made before signing of an agreement may allow for damages

By James R.G. Cook ( September 20, 2024, 3:00 PM EDT) -- At issue in many real estate disputes is whether a party made any misrepresentations about the property at issue that gave rise to damages. Buyers are generally required to satisfy themselves of most issues concerning the property before the transaction closes. However, in some cases, misrepresentations made before the signing of an agreement of purchase and sale (APS), may allow a buyer to sue for damages if they were not in a position to have discovered the nature of the misrepresentation at the time of signing. In the case of a new-build property, such misrepresentation may involve the location of the property, as illustrated in Zhang v. Primont Homes (Caledon) Inc., 2024 ONCA 622....