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REAL ESTATE "Once a vendor 'breaks his silence' by signing the SPIS, the doctrine of caveat emptor falls away as a defence mechanism and the vendor must speak truthfully and completely about the matters raised in the unambiguous questions at issue here." — ONTARIO SUPERIOR COURT JUSTICE GORDON KILLEEN for breach of contract, claiming that they lost more than $100,000 when they resold the property. The Kauf- manns lost the case largely because of the "false representations" contained in the statement. As Ontario Superior Court Justice Gordon Killeen observed in his July 2007 judgement in this case, Chosen Trusted Proven "I practise extensively in real estate, both residential and commercial, and have used the services of Chicago Title exclusively for the past few years. Both my staff and I find the services of Chicago Title, prompt, professional and courteous and is one that I would and have recommended to all those practising in this City." Denis G. Barry Q.C. Barry Walsh & Associates, Newfoundland "Once a vendor 'breaks his silence' by signing the SPIS, the doctrine of caveat emptor falls away as a defence mecha- nism and the vendor must speak truth- fully and completely about the matters raised in the unambiguous questions at issue here." It's a scenario that is played out re- peatedly in courtrooms across the country as property-condition disclo- sure statements in various forms and formats, often drawn up without legal input, have become a standard docu- ment for many real estate boards. Some boards are even moving toward mak- ing these statements mandatory for A SYMBOL OF PROTECTION 1-888-868-4853 www.chicagotitle.ca Our corporate symbol is inspired by that age-old aphorism, "A man's home is his castle." For just as medieval castles survive to this day, the men and women of Chicago Title Insurance Company Canada deliver the kind of protection that your clients' real estate investments will endure for many years to come. ChicagoTitle_CL_Jan_08.indd 1 www. C ANADIAN Law ye rmag.com JANU AR Y 2008 21 12/10/07 3:52:35 PM