Build the property history before marketing begins
The direct answer is that a Toronto seller should list known property issues, past damage, investigations and repairs before the home is marketed, then match each item with invoices, permits, warranties, photographs or professional reports. Give the file to the real-estate professional and an Ontario real-estate lawyer so the listing, buyer communications and agreement use accurate, consistent information.
Do not wait for a buyer's inspection to reconstruct events from memory. Start with water entry, fire, structural movement, electrical or plumbing work, heating and cooling failures, mould or pest treatment, insurance claims, environmental testing and major renovations. Sam Kamra encourages sellers to record dates, locations, symptoms, contractors, scope and present status without guessing about causes.
Separate observations, diagnoses and completed work
Write what was observed separately from what a qualified professional concluded. 'Water appeared near the basement window after a storm' is different from a claim that the foundation failed. A contractor quotation is not proof that work was completed, and a paid invoice does not necessarily prove every underlying condition was resolved. Label each document accurately.
For completed repairs, collect the contract, change orders, invoices, payment proof, warranties and final report. For regulated work, locate building, plumbing, electrical or other permits and inspection outcomes where applicable. Confirm permit status with the responsible authority instead of advertising work as permitted based solely on a contractor's statement. The renovated Toronto home records checklist shows the evidence buyers may seek.
Use legal advice for defect disclosure
RECO explains that Canadian property law distinguishes patent defects, which can be detected through reasonable observation and inquiry, from latent defects, which generally are not apparent through reasonable inspection and can make a property unfit, dangerous or potentially dangerous. RECO says sellers must disclose latent defects and advises a legal opinion because the law is complicated. A seller should not decide a borderline case from an online summary.
Never conceal an issue with finishes, furniture, stored items or temporary work. RECO warns that attempting to hide a defect can create additional liability and that willful blindness may also matter. Tell the lawyer and real-estate professional the complete facts, including recurring symptoms and incomplete investigations, even if the seller believes a buyer should notice them. Let the lawyer determine the required wording, timing and documentation.
Verify every claim used in the listing
RECO's material-facts guidance says an agent's reasonable steps are not satisfied by simply accepting a seller's verbal representations; research, verification and supporting documents may be necessary. Review claims about roof age, windows, wiring, plumbing, HVAC ownership, flood history, renovations, permits, legal use, taxes, utilities and property boundaries before they appear online.
Replace vague superlatives with supportable facts. Use 'roof shingles replaced in 2022; invoice available' only when the invoice matches the property and scope. Do not describe a basement as waterproofed, a system as new or a problem as permanently fixed unless the evidence supports that exact statement. Sam Kamra's seller resources can help organize the verification file, while additional property guidance supports preparation.
Keep the record current through closing
Create one indexed file for the lawyer and real-estate professional, then preserve originals and share copies securely. If using a Seller Property Information Statement or another questionnaire, answer only from personal knowledge and verified records, obtain legal advice on uncertain questions and keep a signed copy. RECO reminds buyers that an SPIS reflects the seller's knowledge and does not replace buyer due diligence.
Update the team if a new leak, outage, insurance event, municipal notice, repair or condition change occurs after listing or offer acceptance. Do not assume an earlier disclosure covers a later event. Public information is valuable when carefully matched to facts; CB Herald's discussion of Sam Kamra and public LTB data illustrates that principle, while Barchart's report on the RealEstateBuyer.ca launch covers Sam Kamra's wider property-services work. The conclusion is simple: document what happened, verify what was done and obtain legal advice before making disclosure decisions. Bring this checklist to the lawyer and real-estate professional before listing.
Questions and answers
Toronto Seller Checklist for Known Defects and Repair Records FAQ
What is the difference between a patent and latent defect in Ontario?
RECO describes a patent defect as discoverable through reasonable observation and inquiry, while a latent defect generally is not apparent through reasonable inspection and may make the property unfit, dangerous or potentially dangerous.
Should a Toronto seller disclose a known latent defect?
RECO says sellers must disclose latent defects, but the law is complicated. Sellers should provide all facts to an Ontario real-estate lawyer and follow advice on the specific issue.
Does a repair invoice prove a property problem was permanently fixed?
Not necessarily. An invoice shows the stated work, but sellers should avoid broader claims unless professional evidence supports the cause, scope and current condition.
Can a seller cover a visible defect and let the buyer inspect?
No seller should conceal a condition. RECO warns that attempting to hide a defect can create additional liability. Obtain legal advice and communicate facts accurately.
Does an SPIS replace a buyer's home inspection?
No. RECO says an SPIS is based on the seller's personal knowledge, and the seller may not know every defect. Buyers still need independent due diligence.
Authoritative sources
- RECO Bulletin 7.4 — Facts a Seller Has a Legal Obligation to Disclose
- RECO Bulletin 7.3 — Material Facts
- RECO — Home Inspections
This article provides general information, not legal, tax, mortgage or financial advice. Confirm figures and eligibility with the appropriate professional and current official sources.