Ontario’s SPIS (Form 220): Should a Seller Fill It Out?
It’s voluntary in Ontario — and the moment you answer, the “buyer beware” shield comes down
Is Ontario’s SPIS (Seller Property Information Statement) mandatory?
No. In Ontario the SPIS is voluntary — listing or selling does not require one. The SPIS (OREA Form 220) is a self-disclosure questionnaire the seller fills in about the home’s known condition. Lawyers describe it as “not legally required.” Who it favours hinges on one fact: once a seller “breaks silence” by answering, caveat emptor (buyer beware) no longer protects them on the answered points.
Sources: OREA Form 220 (Revised 2013); Ontario real-estate lawyer commentary (Cheadles, Merovitz Potechin, Bob Aaron); case: Picard v Grgurich (Div. Ct.). General information, not legal advice.
The SPIS is the form I most often see a seller use with good intentions and bad results. Many sellers think filling it out shows transparency and reduces disputes; Ontario case law and the prevailing view among lawyers suggest the opposite. Here is what it is, how it shifts legal exposure, why many lawyers advise against signing, and what you as a buyer should make of it.
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What the SPIS is and what it covers
ℹ️If a seller does complete an SPIS, answer every item truthfully based on current actual knowledge and review it with your real-estate lawyer. Honestly marking “UNKNOWN” is far safer than guessing a “no.”
It’s voluntary — you can decline to complete it
⚠️Don’t confuse two things: a lawyer-review condition (contractual) is not the 10-day statutory cooling-off right that applies to pre-construction condos. The SPIS is a voluntary disclosure questionnaire, not a rescission right.
The tension: buyer beware vs. disclosing known latent defects
Why many lawyers advise against signing
💡 The SPIS’s “this is not a warranty” language does not immunize a seller from misrepresentation liability. One carelessly wrong “no” can become legal exposure — which is exactly why the bar is cautious.
What a buyer should take from it
Treat the SPIS as a starting point, not a guarantee: the form expressly says it’s for information only, not a warranty, and that buyers must make their own enquiries and may hire an inspector. It is not a substitute for a professional inspection, Status Certificate review or title search. “UNKNOWN” answers are common — that’s the seller declining to represent on that point, shifting diligence back to you, not a clean bill of health. For a buyer, the SPIS’s main value is evidentiary: if a seller answered “no” to something they actually knew, the form becomes a written record supporting a misrepresentation claim.
Frequently Asked Questions
Is an SPIS mandatory when selling in Ontario?
No. The SPIS (OREA Form 220) is voluntary in Ontario; listing or selling doesn’t require it. A few local boards historically mandated it, but that’s not provincial law and not a GTA/TRREB rule.
Does a seller have a duty to disclose defects?
A narrow one. Ontario runs on caveat emptor: patent defects generally need not be volunteered; a known latent defect must be disclosed only if it makes the home dangerous or unfit for habitation, or if the seller conceals or misrepresents. There’s no general duty to disclose everything you know.
Why do lawyers often advise sellers not to sign an SPIS?
Because answering “breaks silence,” removing caveat-emptor protection on answered points (Picard v Grgurich); the form is complex and error-prone, and a wrong answer can be misrepresentation and raise lawsuit risk. The “not a warranty” language doesn’t immunize against misrepresentation.
What should a buyer do with an SPIS?
Treat it as a starting point, not a guarantee — still get an inspection, Status Certificate review and title search. “UNKNOWN” is common and means the seller isn’t representing on that item. Its main value is evidentiary if a seller misanswered something they knew.
Arthur Zhao
Real Estate Broker · FRI · ABR · SRS · PSA · MCNE · E-PRO · GUILD Elite
VP & Branch Manager, Bay Street Group Inc.
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