Selling A Home Disclosure Requirements

Real Estate Agent with RE/MAX Hallmark Realty Group Ottawa

What are disclosure requirements?
Ontario law makes a distinction between patent defects – problems with a home that is easily observable by the untrained eye during a property inspection – and latent defects, problems that are not easily observable or even detectable, even by an expert.
What Is A Patent Defect?
A patent defect could be a large, visible crack in a foundation wall, a broken staircase, or missing bathroom fixtures, to give a few examples.
Patent defects are visually obvious, so you aren’t required to disclose them to potential buyers. It is their responsibility to inspect the property.
What Is A Latent Defect?
Latent defects are a different story. As a seller, you are required by law to disclose any known latent defects that could make your home dangerous or unfit for habitation.
Examples of latent defects could include a basement that floods during heavy rainfalls, a structural problem with a wall or a chronic mould outbreak.
If a seller knows about a latent defect that makes the home dangerous or unfit for habitation and fails to disclose it, they put themselves at risk of being sued by the buyer.
You didn’t describe the problems you believe your home may have? 
I strongly recommend discussing your disclosure requirements (if any) with your salesperson and your lawyer.
Keep in mind that while your salesperson is required to follow your instructions, they must also follow a Code of Ethics that forbids them from knowingly misrepresenting the state of your home if they are asked a direct question about it.

Posted by

Irene Bilinski, ASA
Bilingual Sales Representative

RE/MAX Hallmark Realty Group Ottawa

Direct (613) 858-1151
Office (613) 590-3000

Real Estate… it’s all about You!

Comments (1)

Brenda J. Andrew
Professional Realtor in Conroe/Willis, TX

Good morning Irene.  Disclosure is key to selling any property.  I have sellers asking me questions on what to disclose and what not to disclose all the time.  I tell them, if you know about it and it concerns the home, to disclose it, even if it seems like something minor.  Most of the items will show up on an inspection report, but in Texas, people can be sued if something is not disclosed.  Have a great day and thanks for sharing!

Aug 12, 2021 02:07 AM