The principle of buyer beware offers some protection to real estate vendors, but it is not an absolute defence to a latent defect claim. If a seller deceives or misleads a buyer about the state of the property, they run the risk of being held liable.
An increasing number of latent-defect plaintiffs are adding claims for mental stress and inconvenience. These claims are highly fact-specific, and judges have taken differing positions on their availability in breach-of-contract actions.