Caveat Emptor on Kitec

Question:

Does the Listing Agent have to disclose the presence of Kitec plumbing on the listing?

Answer:

The basic principle is “Buyer Beware”, so that means everyone is out there to fend for themselves.

The Listing Agent has to tell the Seller that there’s “Kitec”.

The Buyer’s Agent has to tell that Buyer that there’s Kitec.

But, the Listing Agent has to keep this secret unless the Seller authorizes this disclosure.

There is no “disclose, disclose, disclose” to anyone and everybody, just your own client (s.21.1) and your own customer (s.21.2). Otherwise, this is a breach of confidentiality.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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