What Is Non-Disclosure of Property Defects?
Non-disclosure of property defects arises when a seller or real estate agent withholds information about known issues affecting the property. These defects may include structural problems, water damage, pest infestations, or other conditions that could impact the property's value or safety.
Sellers and agents are often legally obligated to disclose such defects, and failure to do so may result in claims for misrepresentation, fraud, or breach of contract.
Common Examples of Property Defects That Must Be Disclosed
Structural Issues - Cracks in the foundation, roof damage, or unstable flooring.
Water Damage - Leaks, flooding history, or mold growth caused by moisture.
Pest Infestations - Termites, rodents, or other pests that can damage property.
Environmental Hazards - Presence of asbestos, lead paint, or contaminated soil.
Title Issues - Liens, easements, or disputes over property boundaries.
Code Violations - Unpermitted renovations or failure to meet building safety standards.
Legal Obligations to Disclose Defects
Disclosure requirements vary by jurisdiction, but sellers and agents generally have a duty to:
Reveal Known Issues - Disclose defects that they are aware of and that could materially affect the property’s value.
Comply with State or Provincial Laws - Adhere to specific disclosure forms or statements mandated by local regulations.
Act in Good Faith - Provide accurate and complete information about the property to potential buyers.
Consequences of Non-Disclosure
Failure to disclose property defects can lead to significant repercussions, including:
Legal Disputes - Buyers may file lawsuits for fraud, misrepresentation, or breach of contract.
Financial Penalties - Sellers or agents may be required to compensate buyers for repair costs or loss of property value.
Contract Rescission - Buyers may seek to cancel the transaction and recover their purchase funds.
Reputation Damage - Agents or sellers may face harm to their professional or personal reputations.
How We Can Help
At ME Law, we provide expert legal services for clients affected by non-disclosure of property defects. Our support includes:
Case Analysis - Evaluating the circumstances to determine the strength of your claim.
Legal Representation - Advocating for buyers or defending sellers in legal disputes.
Negotiation and Settlement - Working to resolve conflicts and secure fair compensation outside of court.
Drafting Disclosure Statements - Assisting sellers in preparing compliant and comprehensive disclosures to avoid future disputes.
Litigation Support - Representing your interests in court to achieve a favorable outcome.
Take the Next Step
Non-disclosure of property defects can lead to significant financial and legal challenges. At ME Law, we are committed to protecting your rights and achieving fair outcomes. Contact us today to discuss your case and secure expert legal assistance.
Let's talk about your case
- (416) 923-0003
- +1 (800) 891-2897
- intake@melaw.ca
- referral@melaw.ca