Short answer
A seller is not required to volunteer every flaw or every fact a buyer may care about. Certain serious hidden defects and other facts the seller is legally obligated to disclose must be addressed, while visible defects usually remain part of the buyer’s own investigation. The practical rule is not to rely on silence: ask precise written questions, inspect, verify records and have the lawyer review anything material.
The buyer concern behind the question
The buyer assumes that if a problem existed, the listing or seller would have mentioned it. After closing, the buyer discovers a recurring issue and learns that “the seller did not disclose it” is not automatically the same as having a provable legal remedy.
A practical Ontario example
Illustration only: A basement has fresh paint and a finished wall. The buyer is concerned about earlier water entry. Instead of asking only whether the basement is “good,” the Realtor sends specific written questions about prior leaks, repairs, insurance claims and waterproofing, while the buyer obtains an inspection and records.
Questions to ask before becoming firm
- What exact concern matters to the buyer and was it asked in writing?
- Is the issue visible, concealed or only suspected?
- What inspections, permits, invoices and insurance records can verify the answer?
- Has anyone made a statement that should be written into the agreement?
- What does the buyer’s lawyer advise before conditions are waived?
Practical routes to compare
- Ask narrow factual questions instead of requesting a general assurance.
- Make satisfactory inspection, record and legal review part of the offer strategy.
- Preserve every listing, email, report and representation relied upon.
What each professional can and cannot decide
The Realtor investigates and communicates property facts within the real-estate mandate and advises on offer strategy. The inspector or specialist assesses condition within a defined scope. The lawyer interprets disclosure duties, title, contract language, evidence and remedies. The insurer decides coverage. The appraiser reports value and marketability for the assignment. Rajiv tests qualification, lender property acceptance and closing consequences. RECO regulates Ontario real-estate professionals; it does not set lender underwriting policy. FSRA regulates mortgage-brokering conduct and certain financial sectors; it does not approve the mortgage or create one universal lender policy.
Mortgage and closing consequences
Changed property facts can affect usable rental income, appraisal, insurance, marketability, repair conditions and the amount a lender will advance. Start with a suitable A lender when the borrower and property meet policy. An alternative lender may take a broader view at a higher rate and fee, but still needs acceptable property and evidence. An institutional MIC or private lender may provide a flexible short-term route, including interest-only, amortized, open, partly open or maturity-matched structures in some cases. That route is not an automatic rescue: equity, total cost, legal advice and a credible exit back to suitable A or B financing must be tested.
Verified public guidance
RECO explains that seller disclosure obligations arise from current case law, not one general TRESA disclosure rule. Patent defects are normally discoverable through reasonable observation and inquiry; certain serious latent defects must be disclosed.
Read the primary source. Source checked 2026-09-03. The regulator explains professional obligations and consumer considerations; the lawyer determines legal advice and each lender and insurer applies its own policy.
Pressure-test this answer
The answer may change if the seller did not know the fact, the concern was visible, the buyer received warning signs, the wording was only marketing opinion, records contradict the statement, the defect was concealed, or the agreement allocates the risk differently. A representation can also be important without creating the remedy a buyer expects. Ask what is known, what is assumed, what evidence is missing and which professional is qualified to decide it. Before waiver, compare the cost of investigation with the buyer’s worst reasonable post-closing exposure. After a firm agreement, let the lawyer direct the response.
Evidence and documents to keep
- Listing, photographs, virtual tour and feature sheets
- Offer, schedules, amendments and condition deadlines
- Seller information statements and written questions and answers
- Inspection, specialist, municipal, permit and insurance records
- Rental or service contracts, invoices and warranties
- Emails, texts, appraisal or lender requirements and lawyer correspondence
Related AskRajiv guidance
Continue with home inspection scope limitations ontario buyer, misrepresentation discovered before after closing ontario.
Get the property facts aligned with the mortgage
Use Rajiv’s direct mortgage strategy form. Include the property concern, purchase price, closing date, current conditions and documents already available.
Source and review
Reviewed by Rajiv Verma, Mortgage Broker on 2026-09-03. Educational information only; not legal, real-estate, inspection, engineering, environmental, insurance, appraisal or mortgage approval advice.