Defect Disclosures


I am a Listing agent and the property I am about to list has Kitec, vermiculite and a buried swimming pool.

Do these have to be disclosed?


Kitec and vermiculite do not have to be disclosed. It’s extremely unlikely that a buried swimming pool would have to be disclosed.

First, they may simply be patent for all to see.

Second, it’s also possible that they may not be “known” to the Seller.

Finally, they have to be important or significant. Here, the test is whether they would make the building “structurally unsound” or “render the premises “unit for human habitation”.

The answer often publicized is “disclose, disclose, disclose”. That’s not the answer. The correct answer is “find out, find out, find out”.

Brian Madigan LL.B., Broker

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