Secrets Don’t Sell: What You’re Legally Required to Disclose

Thinking about selling your home? Or maybe you’re on the buying side and wondering what sellers are actually supposed to tell you. Either way, it’s important to understand the difference between what’s visible, what’s hidden, and what the law says must be disclosed—especially if you’re buying or selling in Ottawa.

Let’s break it down without the legal jargon.

Not All Defects Are Created Equal

When it comes to property defects, there are two categories to know:

1. Physical Defects

These are the obvious ones: scratched floors, a missing doorknob, or a broken gate. Since they’re visible, they don’t require disclosure. Buyers are expected to notice these during showings or inspections.

2. Latent Defects

Now we’re talking about the stuff that isn’t visible—like a foundation issue behind finished drywall or a long-standing leak covered by paint. These hidden problems do require disclosure if the seller knows about them, especially when they could make the home unsafe, uninhabitable, or unfit for the buyer’s intended use.

In Ontario, sellers and their agents have a legal obligation to disclose these issues under the Trust in Real Estate Services Act (TRESA), which took effect in December 2023. If the issue is material and wouldn’t be obvious to the average buyer or inspector, it must be disclosed.

What Needs to Be Disclosed?

If you’re not sure what that includes, here are some examples:

• Water seepage in the basement after heavy rain

• Mold in the attic or cold storage room

• Termite damage flagged in a previous inspection

• Knob-and-tube or aluminum wiring that hasn’t been updated

• Renovations or additions completed without proper permits

• An illegal basement apartment or unregistered rental unit

• A third-floor bedroom without heat

• Ongoing issues with a non-paying tenant

• Lead pipes or lead in the drinking water

• A structural issue that’s been patched but not repaired

These are the kinds of things that can impact safety, livability, or future costs—and that’s why they need to be brought into the open.

What About Deaths or Crimes?

This one surprises many buyers. In Ontario, sellers don’t have to disclose if a death, suicide, or crime occurred in the home. However, if a buyer or their agent asks directly, the seller’s agent must answer truthfully.

If this situation applies to your listing, talk with your REALTOR® ahead of time so everyone is on the same page about how to respond.

Advice for Sellers and Buyers

Sellers: Be Upfront

Tell your agent everything. Even if something feels minor, they’ll help you navigate whether it needs to be disclosed. Surprises kill deals. Honesty keeps things moving.

Buyers: Ask the Right Questions

If certain things matter to you (for example, whether the basement has ever flooded), speak up. Your agent isn’t a mind reader, and not all concerns are obvious unless you raise them.

Thinking About a Pre-Listing Inspection?

It can be a great move—but be aware that anything serious the inspector finds becomes something you now mustdisclose. Once you know, you can’t un-know. So go in prepared.

Not Sure? Disclose Anyway

If you’re hesitating, ask yourself: Would I want to know this if I were buying the home? If the answer is yes, then disclose it. It’s always the safer move—legally and ethically.

Transparency builds trust, prevents problems, and keeps everyone out of legal hot water. Under TRESA, disclosure isn’t just a good idea—it’s a legal obligation.

Selling Your Home in Ottawa? Let’s Talk

Have questions about selling your Ottawa home and what needs to be disclosed? Let’s talk strategy. I’ll walk you through what matters most—so you can move forward with confidence and clarity.