Disclosure of Buyer’s Inspection Information

Commercial Real Estate Agent with RE/MAX West Realty Inc., Brokerage (Toronto)

Disclosure of Buyer’s Inspection Information


Your listing falls apart on inspections (home, septic and well) and the buyer ‘s agent sends you a list of the issues at your request. It’s a long list worth about $100,000  of known issues, not including the unknowns.

Are you as the Listing Agent obligated to disclose those issues to the next buyers?


No, you are not obligated to disclose. In fact, you can’t make that disclosure without permission from your client, the Seller.

If you did so, without permission, this would constitute a breach of your fiduciary duties and release the Seller from any obligation to pay your commission.

Comments (2)

Bob Ratliff
Robert Ratliff Realty - San Antonio, TX
"Sold with Bob"

 Owners certainly should list in the Sellers Disclosure and new defects found. It can be a tricky situation for all involved. Disclose, disclose, disclose but don't breach fiduciary and don't break the law by knowing defect aren't being disclosed.

Nov 26, 2019 01:39 AM
Brian Madigan
RE/MAX West Realty Inc., Brokerage (Toronto) - Toronto, ON
LL.B., Broker

yes, Bob that can be risky

Nov 29, 2019 06:50 AM