In love as in business, "critical thinking and mandatory curiosity" compel us to be cautious to avoid being mesmerized by a hidden flaw.
When a person becomes the owner of a house, they often worry about the potential discovery of hidden defects. Should a buyer therefore consult a building expert before signing a purchase contract?
A couple, following a crush, falls in love with a 21-room house. The husband and wife, wanting to turn it into a bed and breakfast, ask the owner if the house is for sale. Although he had never considered selling it, the owner is persuaded, not without informing the buyers that the house requires repairs. Just over a year after the purchase, the couple realizes that the wooden structure of a turret is rotten. Convinced that it is a hidden defect, the couple turns to the Court. Their claim is rejected, and they appeal to the Court of Appeal*.
The court rules that the seller never intended to hide information from the buyers. On the contrary, he mentioned to them that "the house required a lot of repairs." The buyers apparently acted with less caution than any reasonable person would have. The court concludes that it is not necessary to consult an expert, but this "exemption" should not be interpreted as authorizing a buyer to act carelessly or negligently.
In love as in business, "critical thinking and mandatory curiosity" require us to exercise caution in order to avoid being dazzled by a hidden defect.
*CA 500-09-012354-023
