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Ontario Real Estate Licensing Exam Practice · Question

The seller's property contains an unregistered easement that was not disclosed in the listing or agreement. The buyer discovers this prior to closing. What remedy might the buyer pursue?

If a material fact, such as an unregistered easement, was not disclosed and impacts the property's use or value, the buyer may have grounds for rescission of th

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Question: The seller's property contains an unregistered easement that was not disclosed in the listing or agreement. The buyer discovers this prior to closing. What remedy might the buyer pursue?

Answer options: ✅ Rescission of the agreement and return of their deposit.

  • Demand the seller register the easement immediately.
  • Insist on a significant price reduction to compensate for the encumbrance.
  • Require the seller to obtain title insurance covering the easement.

Correct answer: Rescission of the agreement and return of their deposit.

Explanation: If a material fact, such as an unregistered easement, was not disclosed and impacts the property's use or value, the buyer may have grounds for rescission of the contract or remedies for a breach of contract, as fundamental terms were misrepresented or undisclosed.

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