The root of the
disclosure problem is, in Ontario at least, that the regulations about
disclosure, under which we real estate people must operate, do not match provincial law, under which the
buyers» and sellers» must operate, part of the continued attack on «
buyer beware» by the province's regulatory bodies.
In analyzing the case, the court noted the judicial trend away from the doctrine of caveat emptor (
buyer beware), including the sellers» statutory obligations to complete
disclosure forms.