MKC Law OfficePeterborough, ON · February 24, 2026Latent Defects, Negligent Misrepresentation and Real Estate Litigation
Caveat Emptor vs. A Well-Drafted Contract Purchasing a home is quite often the largest financial commitment a person will make in their lifetime. While Ontario real estate transactions are traditionally governed by the doctrine of caveat emptor (“ buyer beware ”), that principle has clear limits. Where a seller makes misleading representations, actively conceals defects, or is willfully blind to serious issues, the courts will intervene. The Ontario Superior Court of Justice’s decision in Austin v. MacFarlane, 2026 ONSC 463 (" Austin ") provides a concise and instructive roadmap for...
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