What Alberta Home Sellers Should Understand About Disclosure

Begin with facts, not a form

When preparing to sell, it is natural to ask, “What do I have to tell a buyer?” The safer starting point is a factual record of the property's history. Write down problems you know about, work that has been completed and matters you have not yet verified. Review that record with your real estate representative and, where the legal obligation is uncertain, your lawyer.

RECA explains that sellers must disclose known material latent defects. Prepare accurate information, avoid misleading assurances, and ask your lawyer what must be disclosed in your circumstances. A buyer’s investigation does not replace that conversation about the seller’s responsibilities.

Sources: RECA: Stigmatized Properties bulletin (April 2014), material latent defects and disclosure

Understand the key distinction

A latent defect is one that would not be discoverable through a reasonably careful inspection. Materiality concerns its significance. RECA's discussion includes serious safety or habitability concerns, potentially very costly repairs, remedial notices from authorities and missing appropriate permits. The classification depends on the facts; an issue does not need to be obvious in a showing to matter.

Your representative also has professional obligations. Alberta's Real Estate Act Rules require a seller's sole agent to disclose known material latent defects to the buyer or buyer's representative. Asking an agent to leave a known issue out of the conversation is not a sound selling strategy.

Sources: RECA: Stigmatized Properties bulletin (April 2014), material latent defects and disclosure; RECA, Real Estate Act Rules, section 57, live rules page checked October 2, 2026

Prepare a property history with useful detail

For each issue, note when you first observed it, what happened next and what documentation exists. Separate direct knowledge from a previous owner's comments. If you have a contractor's report, preserve the actual report rather than reducing it to “everything is fine.”

A useful working record might include:

• The dates and circumstances of water entry you observed
• Assessments, repair invoices and available warranties
• Permits and inspection records for alterations
• Written notices from a municipality or another authority
• Questions raised in an earlier inspection that remain unresolved

This is an organizational checklist, not an exhaustive statement of what must legally be disclosed. Your lawyer can help decide how particular facts relate to the contract and your obligations.

Be precise about repairs and unknowns

There is a meaningful difference between saying “a contractor repaired the flashing in June” and saying “the roof will never leak.” Describe completed work accurately, identify the records and avoid predicting future performance. A paid invoice establishes that a service was billed; ask the appropriate professional what it proves about the underlying problem.

If you do not know whether a basement alteration was permitted, say that the permit status is unverified while you investigate. Avoid converting an assumption into a statement of fact. Alberta's contractor guidance directs homeowners to check permit and inspection requirements with local government.

Sources: Alberta, Hiring a contractor

Review the listing as carefully as the paperwork

Read the proposed property description before it goes live. Flag unsupported words such as “legal suite,” “new roof” or “fully renovated” if the records do not establish what the wording implies. Check included appliances, renovations and other factual details with your representative. Marketing language should remain consistent with the information you provide during negotiations.

When a new issue appears after listing, bring it forward promptly. If an inspection uncovers something you did not previously know, ask your lawyer and representative how to handle that information in the current transaction and any later sale attempt. Do not assume an earlier disclosure conversation covers later developments.

A clear, documented approach helps everyone ask better questions. Start the discussion with Marian Dycoco early, and obtain property-specific legal advice before making uncertain representations or signing terms you do not understand.