Can I sue a seller for misrepresentation after buying a house in Alberta?
This answer covers the law of Alberta.
Possibly, but it depends on what the seller said or knew, what your purchase contract says, and how quickly you act. The firmest rules are time limits: a claim for a remedial order must be brought within 2 years after you first knew or ought to have known of the injury, that the seller caused it, and that a proceeding was warranted, or within 10 years after the claim arose, whichever expires first.
The 10-year period is suspended while the defendant fraudulently conceals that the injury occurred. Limitation periods are also suspended while a claimant is under disability or is a minor.
Separate rules apply to real estate licensees. A material latent defect is a defect that cannot be discerned through a reasonable inspection of the property. A licensee acting for a seller must disclose to all buyers all material latent defects affecting the property that the licensee knows about. Those rules govern licensees and do not by themselves decide what the seller owes you. That usually turns on the contract's wording, any "as is" or entire-agreement clause, and whether a statement was fraudulent or negligent.
Key takeaways
- A claim for a remedial order must be brought within 2 years of when you knew or ought to have known of the injury, or within 10 years of when the claim arose, whichever expires first.
- The 10-year period is suspended while a defendant fraudulently conceals the injury, and limitation periods are suspended while a claimant is under disability or is a minor.
- A material latent defect is one that cannot be discerned through a reasonable inspection, and a licensee acting for a seller must disclose those the licensee knows about.
- Whether you can claim damages from the seller turns on your contract, any as-is or entire-agreement clause, and whether the statement was fraudulent or negligent, so get advice early.