When selling a home, transparency is key. Alberta law requires sellers to disclose certain issues that could impact a property's value, safety, or livability. Knowing what you need to share—and what you don’t—can help ensure a smooth transaction while protecting both you and potential buyers.
What Sellers Must Disclose
Material Latent Defects
Sellers are legally required to disclose material latent defects—hidden issues that wouldn’t be obvious through a standard inspection but could significantly affect the home’s safety or usability. These might include:
Structural concerns, like foundation cracks or shifting.
Mold, asbestos, or other hazardous materials.
Illegal renovations or additions (such as an unpermitted basement suite).
Environmental concerns, including past flooding or soil contamination.
Patent Defects
Unlike latent defects, patent defects are visible issues that buyers can easily spot during a showing or inspection—think worn flooring, peeling paint, or a cracked window. Sellers are not required to disclose these, as buyers are expected to do their own due diligence.
Stigmatized Properties
A property may have a history that affects its desirability, such as a past crime, death, or other events. However, Alberta law does not require sellers to disclose this type of information unless directly asked. If a buyer inquires about a property’s history, the seller must answer honestly.
When & How to Disclose
Disclosure should happen before a buyer makes an offer, ensuring they have all the relevant information before making a decision. While Alberta does not require a formal disclosure statement (unlike some other provinces), sellers can choose to provide one voluntarily. This can help build trust and prevent misunderstandings.
What Happens if a Seller Fails to Disclose?
Failing to disclose a known material latent defect can lead to serious consequences, including:
Legal action from the buyer.
Financial penalties.
The possibility of the sale being overturned.
Best Practices for Sellers
To protect yourself and make the selling process as smooth as possible:
Consult a Real Estate Lawyer – Ensure you fully understand your disclosure obligations.
Provide an Updated Real Property Report (RPR) – This clarifies property boundaries and compliance with zoning rules.
Err on the Side of Transparency – Even if something isn’t legally required, disclosing known issues in writing helps avoid future disputes.
A Few Final Thoughts
Selling a home comes with responsibilities, and being upfront about any significant issues helps create a fair and ethical real estate transaction. Buyers should also take an active role by conducting inspections and asking questions to safeguard their investment. A little transparency goes a long way in making the process smoother for everyone involved.
Comments:
Post Your Comment: