What do I have to disclose to a buyer when selling my home in Ontario?
Ontario sellers must disclose known latent defects — hidden problems that would not be apparent from a reasonable inspection and that make the property dangerous or unfit for habitation. Examples include a history of flooding, structural issues concealed by finishes, or a known environmental problem. You are not required to disclose every minor cosmetic flaw.
Ontario does not legally require sellers to complete a Seller Property Information Statement (SPIS), but many agents and buyers request one. If you choose to complete a SPIS you must do so honestly; incomplete or misleading answers can expose you to liability even if the item would otherwise not have required disclosure.
You do not need to volunteer information about neighbourhood preferences, past criminal activity unrelated to the property, or stigma factors unless a buyer asks a direct question — in which case honesty is the safest policy. If you are uncertain whether something must be disclosed, ask your real estate lawyer before the deal firms up. Misrepresentation discovered after closing can lead to damages claims.
Key takeaways
- Known latent defects that affect safety or habitability must be disclosed
- A SPIS is optional in Ontario but must be accurate if you complete one
- Misrepresentation — even by omission — can result in post-closing claims
- Ask your lawyer if you are uncertain whether a specific issue must be disclosed