Do I need to disclose everything about my home?
Do you have to spill every secret about your home? The truth that can save you thousands.
Quick answer
No — you don’t have to list every minor flaw. But you must honestly disclose known material defects and anything that affects the property’s value, safety, or habitability. Failing to disclose can lead to lawsuits, canceled deals, or costly damage claims.
What “disclose” really means
Real estate disclosure laws vary by province and state. The common rule: if you know a problem that a reasonable buyer would consider important, you must disclose it. That includes hidden (latent) defects you knew about but the buyer couldn’t discover during a routine inspection.
Key items usually required:
- Past or present water damage, flooding, or leaks
- Structural problems: foundation cracks, settling, sagging floors
- Unpermitted renovations or additions
- Mold, pest infestations, or sewage issues
- Mechanical failures: HVAC, electrical, plumbing issues
- Boundary disputes, easements, or liens
- Material legal issues (e.g., property lawsuits)
Why honesty matters
Saying nothing to avoid a lower price is risky. Buyers who discover undisclosed defects can sue for misrepresentation or concealment. Courts often award rescission (cancel the sale), repairs, or legal damages. Even an “as-is” clause rarely protects sellers from fraud or deliberate concealment.
Common pitfalls sellers make
- Hiding water stains without investigating cause
- Failing to disclose previous basement flooding
- Downplaying unpermitted work or missing permits
- Not sharing condo or HOA restrictions that affect use
- Assuming buyers’ inspections absolve disclosure duties
Clear steps to protect yourself
- Fill out the standard seller disclosure form fully. Don’t guess — write what you know.
- List every known issue, even if minor. Minor issues are less likely to result in claims than hidden major ones.
- Gather documentation: repair invoices, inspection reports, permits, utility bills, and warranties.
- Order a pre-listing home inspection if you’re unsure. Fix or disclose the findings.
- Consult a real estate lawyer for complex situations (unpermitted work, legal disputes, or environmental concerns).
- Keep records of all disclosures and communications with the buyer and agent.
Bottom line — practical counsel
You don’t need to disclose trivial cosmetic issues. You do need to disclose any known condition that would change a buyer’s decision. Transparency reduces legal risk, speeds closings, and often gets you better offers. Honesty protects your sale and your wallet.
Need someone local who knows disclosure rules and how buyers and lawyers react? Call Tony Sousa for clear advice, fast solutions, and step-by-step help through the paperwork. Email: tony@sousasells.ca | Phone: 416-477-2620 | https://www.sousasells.ca
