A vendor who presents property for inspection by prospective purchasers represents that they have not knowingly concealed any major defects in quality that would otherwise be patent and that compromise the property's structural integrity. Where a purchaser's deceit claim turns on the vendor's knowledge and the trial judge makes credit-based findings accepting the vendor's evidence, the appellate hurdles in Fox v Percy apply and the purchaser must show the findings were contrary to incontrovertible facts, glaringly improbable, or contrary to compelling inferences. A deliberate forensic decision to leave evidence in situ pending trial will preclude an application to adduce that evidence on appeal, as the requirement of reasonable diligence is not satisfied.
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