Vendor represented to purchaser that she was not aware
of any boundary disputes regarding property.
of any boundary disputes regarding property.
Court found she should have been aware of such a
dispute.
dispute.
National Conditions of Sale applied, stating ‘no …
misstatement … in any preliminary answer concerning the property … shall annul
the sale’.
misstatement … in any preliminary answer concerning the property … shall annul
the sale’.
Court held this did not satisfy UCTA reasonableness
test even though was long-standing common-form clause.
test even though was long-standing common-form clause.
