In the event of the purchaser of a property discovering (post settlement) that the vendor's relative lives in a dilapidated shanty at the rear of the property that is hidden by overgrowth, what would the purchaser's options be? The relative has an unregistered life estate and the seller did not disclose the life estate in the Section 32.
If the purchaser's registration of his interest on the title is not yet complete can he rescind the contract of sale and recover all of the money he paid for the property due to non disclosure from the vendor?
If he chooses not to rescind the contract and his interest is registered on title (and given that a registered interest holds priority over an unregistered interest) can he serve notice to the relative to vacate? If this is so, can he claim damages against the vendor for legal fees and clean up costs (if any)?
I would appreciate any feedback. Thank you.
If the purchaser's registration of his interest on the title is not yet complete can he rescind the contract of sale and recover all of the money he paid for the property due to non disclosure from the vendor?
If he chooses not to rescind the contract and his interest is registered on title (and given that a registered interest holds priority over an unregistered interest) can he serve notice to the relative to vacate? If this is so, can he claim damages against the vendor for legal fees and clean up costs (if any)?
I would appreciate any feedback. Thank you.