Winnipeg agent points to waived inspection in defence against square footage claim

A Winnipeg-area real estate agent and the office where he works are seeking to have a disgruntled homebuyer’s lawsuit dismissed, denying allegations that they grossly mispresented the square footage of a home they listed last spring. 

Chantal Desjardins purchased a home in East St. Paul for $1.05 million that was listed by Royal LePage agent Derek Daneault, according to court documents. 

Her filing before the Court of King’s Bench of Manitoba states the property was listed in March 2025 as offering more than 12,000 square feet of total space, including 9,891 square feet of living area and a pool house exceeding 4,900 square feet. Desjardins took possession in May 2025, after which she undertook extensive renovations, many of them completed by her husband, reads the claim.

The size discrepancy allegedly came to the surface that fall, when Desjardins sought financing to support the ongoing renovations. 

A lender commissioned an appraisal as part of a financing application. That appraisal found the home’s living area measured just 3,332 square feet, roughly one-third of what had been advertised, and that the pool house was more than 1,000 square feet smaller than listed, reads the claim.

She is seeking damages estimated at approximately $1.96 million, along with interest and costs, reflecting the lost financial benefit Desjardins expected from renovating and reselling the property.

Listing info came from the bank, says seller’s agent

In a joint statement of defence filed last week, both Derek Daneault Personal Real Estate Corporation and Royal LePage Prime Real Estate called for the lawsuit to be dismissed.

The filing states that any representations they made to Desjardins were based on information provided on behalf of the Bank of Montreal, which had retained them to sell the property following a foreclosure.

They claim that Desjardins viewed the property on “numerous occasions” prior to making an offer, including before Daneault was retained to list and sell the property on behalf of BMO.

Additionally, they claim that Desjardins declined to include a home inspection as a condition, despite having that option.

The defendants argue that at no time during the transaction did they assist Desjardins or represent her interests. Rather, reads the filing, Desjardins had her own agent to represent her interests.

“The Defendants say that the plaintiff was negligent in her own conduct,” says the defence. 

None of the allegations in the lawsuit or the defence have been tested in court.

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