Seller Disclosure in Alberta at a Glance
- Sellers must disclose known material latent defects.
- Sellers cannot conceal defects or misrepresent the property.
- Minor maintenance issues are not usually material latent defects.
- Legal advice is recommended if you're unsure.
What Is a Material Latent Defect?
A latent defect is a hidden problem that wouldn't be found during a reasonable inspection. It becomes material if it makes the property dangerous, unfit to live in, or costly to repair. Examples may include known foundation issues, hidden water damage, or a lack of required permits.
Patent Defects
Visible issues, such as a cracked window or worn carpet, are generally considered patent defects. Buyers are expected to notice these during showings or inspections.
Other Issues to Discuss
- Work completed without permits
- Municipal orders or notices
- Past flooding or water damage
- Previous use as a grow operation
- Unregistered secondary suites
Answering Buyer Questions
If a buyer asks about the property, your answers must be honest and accurate. Saying "I don't know" is appropriate if that's true.
Keep Records
Keeping records of repairs, permits, inspections, and insurance claims can help you answer questions accurately. If you've fixed an issue, documentation can reassure buyers and reduce concerns during their inspection.
Getting Help
I'll explain the disclosure process and recommend legal advice when an issue is unclear, so you can sell with confidence.
