Burchell v. Vincent et al., (1995) 138 N.S.R.(2d) 160 (CA)

Judge:Matthews, Jones and Pugsley, JJ.A.
Court:Nova Scotia Court of Appeal
Case Date:February 01, 1995
Jurisdiction:Nova Scotia
Citations:(1995), 138 N.S.R.(2d) 160 (CA)
 
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Burchell v. Vincent (1995), 138 N.S.R.(2d) 160 (CA);

  394 A.P.R. 160

MLB headnote and full text

Blake Housser (appellant) v. Brian Howard and Eileen Howard (respondents)

(C.A. No. 107665)

Indexed As: Burchell v. Vincent et al.

Nova Scotia Court of Appeal

Matthews, Jones and Pugsley, JJ.A.

February 1, 1995.

Summary:

A vendor sued the real estate agent for indemnification for damages paid under a UFFI warranty on the sale of her home. The Nova Scotia Supreme Court, in a judgment reported 133 N.S.R.(2d) 192; 380 A.P.R. 192, allowed the action but held that the vendor was 25% liable. The real estate agent appealed.

The Nova Scotia Court of Appeal dis­missed the appeal.

Brokers - Topic 3144

Duties of broker to principal - Real estate brokers - Negligence - Duty of care - A vendor advised her real estate agent that UFFI remained in her home - A test arranged by the agent showed that the levels of UFFI were "low" - The agent listed the property as having no UFFI present - The vendor signed the listing agreement and the agreement of purchase and sale with the UFFI warranty - The vendor settled with the subsequent pur­chasers for $25,000 and sued the agent for indemnification - The Nova Scotia Supreme Court held that the agent failed to advise the vendor of the ramifications of the warranty or to seek legal advice, he also failed to adequately inform himself on the topic or reveal his inexperience - The court held that the vendor was contributorily negligent - The Nova Scotia Court of Appeal affirmed the decision.

Counsel:

Raymond F. Wagner, for Housser;

Michael S. Ryan, Q.C., for the Howards.

This appeal was heard on February 1, 1995, by Matthews, Jones and Pugsley, JJ.A., of the Nova Scotia Court of Appeal.

The decision of the Court of Appeal was delivered orally on February 1, 1995, by Matthews, J.A. Written reasons were filed on February 2, 1995.

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