The property listing information sheet discloses the house size as 800 square feet. The plaintiffs maintain the actual square footage is only 672 square feet. The plaintiffs claim the $20,500 purchase price should be reduced proportionately. The Court held that even if the plaintiffs had succeeded in establishing misrepresentation, the evidence would not have supported an award in damages as the retrospective valuation placed the fair market value at $30,000. The plaintiff paid $20,500, therefore no damages have been proven by the plaintiffs. Polley v Century 21
Polley v Century 21 Dome Realty Ltd, 2007 SKPC 25: Real Estate and Misrepresentation – Even though misrepresentation found, damages not awarded unless fair market value less than purchase price
April 2007
McKercher LLP, Saskatchewan
