Do you see the possibility that this gets treated, in practice, with a lack of the seriousness it deserves without some verification process, some trust process or some very definitive “this is clear and done” process? It's not prescriptive—I get it—and that's normally a good thing, but at some point, some prescription is required.
With automobile transfers, the bill of sale and the attestation that the buyer has insurance.... That's what the seller needs to attest that, yes, there's capacity, they can complete this transaction, they can cash the cheques and they're done. The seller then trusts that they're done. They're not going to be burdened with liability down the road, hidden defects and all, which asks another question.
Following up on MP Ellis Ross's question, how are hidden defects treated in law? How thorough do you have to be in your assessment? What is the test at the bench?
