What happens if an Ontario condo corporation provides an inaccurate status certificate?
If a condominium corporation provides a status certificate that contains inaccurate or misleading information, the Condominium Act, 1998 provides remedies to persons who relied on that certificate to their detriment. A person who suffers damages because of reliance on inaccurate information in a status certificate may have a claim against the corporation.
Common examples of inaccurate certificates include failure to disclose known pending litigation, understating common expense arrears for the unit, omitting an approved special assessment, or incorrectly representing the reserve fund balance. If a buyer relies on the certificate and closes, then discovers undisclosed liabilities, the corporation may be liable for the resulting losses.
In practice, these disputes can be complex and expensive to pursue. The better approach is to have a knowledgeable real estate lawyer review the certificate carefully before the 10-day window expires — and to walk away or renegotiate if the certificate raises unresolved concerns — rather than closing on a problematic purchase and seeking remedies afterward.
Key takeaways
- The corporation can be liable for damages caused by inaccurate status certificate disclosures.
- Undisclosed litigation, arrears, or special assessments are common sources of inaccuracy.
- Prevention — through careful lawyer review within the 10-day window — is better than litigation after closing.
- If the certificate has gaps or apparent omissions, ask questions before the review period expires.