What if I find a defect in a home after buying it in Ontario?

Ontario follows a rule called caveat emptor, buyer beware: it's on you to inspect the property and satisfy yourself about its condition, not on the seller to volunteer everything. This is why a home inspection condition matters so much in an offer. Close without one, or without raising a defect you could have found, and you generally can't go back and complain later.

A patent defect is something a buyer could reasonably discover through an ordinary inspection: a cracked driveway, a stained ceiling, an old roof. Sellers don't have to point these out, though they can't lie if you ask directly. A latent defect is hidden, not discoverable through a reasonable inspection, like knob-and-tube wiring behind a finished wall. A seller who actually knows about a latent defect that makes the home dangerous or unfit to live in has to disclose it. One they don't know about isn't something they're expected to reveal.

No. The Seller Property Information Statement, the SPIS, is optional in Ontario, and many sellers skip it on their lawyer's advice, since answering it wrong can create more liability than saying nothing. If a seller does complete one and it's false on something they knew about, that can support a claim. No SPIS at all isn't a red flag, it's common practice.

It's your main tool for catching patent defects and flagging anything that needs a specialist look, like an engineer for a foundation concern. It won't always catch a genuinely hidden problem, since inspectors work from what's visible on the day. Negotiating repairs, a price reduction, or walking away are the usual outcomes if an inspection turns up something serious, depending on how your condition is worded.

Start by figuring out which kind of defect it is, since that changes what you can claim. For a genuine latent defect the seller knew about and didn't disclose, you may have a claim, though these cases turn heavily on what the seller actually knew and when. For something you could have caught yourself, options are limited. Document what you found, get an assessment of the cost to fix it, and talk to a lawyer before contacting the seller, since what you say first can affect your position later.