Blog > How to Read a Markham Sellers Property Disclosure: What It Includes, What It Doesnâ€t, and Questions to Ask
How to Read a Markham Sellers Property Disclosure: What It Includes, What It Doesnâ€t, and Questions to Ask
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Michael John Lau is a top real estate agent in Markham and a REALTOR® with the Kaizen Real Estate Team, one of the most active real estate teams in Markham and York Region. He helps buyers read what sellers do and do not disclose, and knows when a question belongs with a lawyer or an inspector.
What should buyers look for in a seller property disclosure in Ontario
Ontario has no mandatory seller disclosure form. The Seller Property Information Statement (SPIS) is voluntary, and many sellers do not complete one. Sellers must disclose known latent defects, hidden problems that make a home dangerous or unfit to live in, such as serious structural damage or toxic mould. Visible problems, called patent defects, are the buyer’s job to find. So a disclosure is a starting point, not proof of condition: read it closely, ask follow-up questions in writing and always get your own inspection.
What Sellers Must and Need Not Disclose
| Type | Example | Seller must disclose? |
|---|---|---|
| Known latent defect, dangerous or makes home unfit | Hidden structural damage, toxic mould | Yes |
| Patent defect, visible on inspection | Worn roof shingles, cracked tiles | Generally no; buyer should find it |
| Defect the seller did not know about | A hidden leak never noticed | Generally no |
| Stigma, such as a past crime | Events in the home | Not clearly required by statute; ask |
An “as is” sale does not protect a seller who hides a known dangerous latent defect.
What the SPIS Covers
When sellers fill out the SPIS, it usually asks about water in the basement, insurance claims, renovations and permits, wiring and plumbing, underground tanks, past use of the property and other known issues. If one has been completed and signed, the seller’s agent must tell buyers it exists. False statements on it can lead to a lawsuit.
Many sellers choose not to complete one, often on legal advice, because answers like “unknown” or unclear wording can cause disputes later. A missing SPIS is common and not, by itself, a red flag.
What a Disclosure Does Not Tell You
- The actual condition of the roof, furnace, foundation and windows today.
- Problems the seller does not know about.
- Whether past renovations met code or had permits closed.
- What insurers will think of the wiring, plumbing or oil tank.
- Future costs, such as a roof due for replacement.
That is why the home inspection, title search and permit search still matter.
Looking at a home with a disclosure you are not sure about? Call Michael John Lau, REALTOR®, at (416) 700-0286.
Questions to Ask the Seller, in Writing
- Has the basement ever had water, and what was done?
- What renovations were done, by whom, and were permits closed?
- How old are the roof, furnace, air conditioner and water heater? Are any rented?
- Any insurance claims in the past five years?
- Any known issues with wiring, plumbing, pests or underground tanks?
- Has the property ever been used as a grow-op or for anything other than a home?
Ask through your REALTOR® and keep the answers in writing.
Inspection and Legal Advice
Keep an inspection condition and book the inspector early. Ask your lawyer to search for open permits and work orders. If a disclosure answer seems vague or contradicts what you see, ask your lawyer before you firm up. If a hidden defect appears after closing, Ontario’s limitation period to sue is generally two years from discovery, so speak to a lawyer promptly.
Red Flags in a Disclosure
- Answers marked “unknown” on items the seller would likely know, such as a recent basement leak.
- Fresh paint or new flooring in one basement area only.
- Renovations with no permits or contractor details.
- A seller who refuses an inspection on a resale home.
Ultimately, the decision is yours. The goal is to make sure you have all the information before you offer.
Next Steps
- Buying a home in Markham: plan your due diligence.
- First-time buyer services: step-by-step help.
- Talk to Michael John Lau: review a disclosure before you offer.
Frequently Asked Questions
Do sellers have to fill out a disclosure form in Ontario?
No. The Seller Property Information Statement is voluntary.
What must a seller disclose in Ontario?
Known latent defects that make the home dangerous or unfit to live in, such as hidden structural damage or toxic mould.
What is a patent defect?
A visible problem a buyer or inspector should reasonably find, such as worn shingles.
Is it a red flag if there is no SPIS?
Not by itself. Many sellers skip it on legal advice. Ask questions in writing and get an inspection.
Can I sue if a seller hid a defect?
Possibly, if the seller knew about a dangerous latent defect. The limitation period is generally two years from discovery. Speak to a lawyer.
Does an as-is sale protect the seller?
Not from hiding a known dangerous latent defect.
Work With Michael John Lau in Markham
Michael John Lau helps Markham buyers ask the right questions before they offer, so disclosures, inspections and legal reviews work together.
📞 Contact Michael John Lau, REALTOR®
🌐 www.callmikelau.com
Want a second look at a disclosure?
Michael John Lau can help you prepare questions for the seller and plan your inspection.
Michael John Lau, REALTOR® · Markham, Ontario · (416) 700-0286
Disclaimer. Michael John Lau is a licensed REALTOR® serving buyers and sellers in Markham, Ontario and the Greater Toronto Area. Disclosure rules are as summarized by LawyerInfo (June 27, 2026) and Ontario real estate lawyers. This is not legal advice; ask a real estate lawyer about any specific property. Michael John Lau is not a lawyer, accountant, tax advisor or mortgage professional. This article is general information, not legal, tax or financial advice. Speak with a qualified professional about your own situation.