Seller’s Disclosure

What does a Seller have to disclose?

The Seller is under a legal obligation under the common law to disclose:

  1. Patent defects if they were concealed, and
  2. Latent Defects if they met a certain threshold, that is:
  3. they affect the structural integrity of the building, or
  4. they render the premises unfit for habitation.

Today, if the Seller decides not to disclose such matters, their own agent is under a legal duty to follow their instructions.

As of 1 April 2023, this will not be the case, their own agent will be under a legal obligation under TRESA to advise everyone who expresses an interest in the property about this fact.

Brian Madigan LL.B., Broker

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