[Bonka]

First things first, do not take any of my information as advice; you should consult independent legal advice on this matter.

In a market that we've been riding for the last long while, there's no such thing as a "good deal." Just because the Seller knocked off $100k off the list price doesn't mean it wasn't overpriced to begin with. Also, based on the information you provided the buyer acted pretty hastily. Was he in a hurry to buy?

While a Property Disclosure Statement (PCDS) is mandatory, the Seller can choose to not fill it out at all and cross it out and while it would be prudent for the listing agent to convince the Seller otherwise, as long as the buyer signs and initials the PCDS there is little recourse on behalf of the buyer if something is contradictory. It's almost like a worst case scenario here; the fact that the brother didn't insert an inspection clause into the contract passes on the liability to the buyer.

What does the brother want to prove? That the listing agent knew of the defects against the property and withheld them to potential buyers or that the Seller knowingly tried to sell a property that had significant defects and didn't disclose? It doesn't help that the buyer used the listing agent to represent them either.

You can file a formal complain against the listing agent to the Real Estate Council of BC but if the brother is looking for compensation, he'll have to sue to Sellers too. The buyer definitely needs to see a lawyer.