Is a realtor required to disclose latent defects in British Columbia?
This answer covers the law of British Columbia.
A realtor in BC must act honestly and with reasonable care and skill toward everyone in a deal, including people who are not their clients. To a client, a licensee must also disclose all known material information about the services and act in the client's best interests. Whether a particular hidden defect had to be disclosed depends on what the realtor actually knew and who the client was.
The seller's own duty to disclose is a separate question, and the realtor rules above are about the realtor, not the seller. How that duty applies to a hidden defect turns on the facts and the contract, so a lawyer can confirm it.
If you think a realtor failed in these duties, anyone can make a written complaint with particulars to the superintendent. Discipline can lead to orders such as reprimand, suspension or cancellation, but it provides no damages to you. The Special Compensation Fund covers only money a licensee held that was misappropriated, wrongfully converted or fraudulently obtained, so it is not a general route to recover the cost of a defect. A lawyer can explain other options and time limits.
Key takeaways
- A licensee must act honestly and with reasonable care and skill toward everyone, including people who are not their clients.
- To a client, a licensee must disclose all known material information about the services.
- Any person may make a written complaint with particulars to the superintendent about suspected professional misconduct.
- Discipline provides no damages to a complainant, and the Special Compensation Fund covers only misappropriated, wrongfully converted or fraudulently obtained money.