Manitoba Securities Commission releases report on " Sellers Property Condition " form

A report by John E. Neufeld , a Winnipeg real estate lawyer, recommends the use of a seller's " Property Condition Statement" form to be completed by sellers as part of the standard residential real estate transaction in Manitoba.  This is quite a complex issue with some significant ramifications to sellers and buyers. One would need to be careful that the seller's statement was not being taken as a warranty, or statement that will survive closing unless that was the sellers intent.  Buyers and Sellers would need to clarify that the seller's property condition statement [PCS] is or is not surviving closing in clause 10 [e[iv.  However, if a seller intentionally misrepresented a material fact in the PCS that could very well be used against the seller to the benefit of the buyer if litigation resulted.  Mr. Neufeld's report can be found at

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