A Seller Property Information Statement, commonly called a SPIS, is a voluntary disclosure form used in Ontario real estate transactions where the seller provides written information about the condition of their property. It is not required by law, but it is published by the Ontario Real Estate Association and used across the province to give buyers additional detail about known defects, past repairs, and other property characteristics.
The SPIS form contains over 40 questions organized across several categories. These include structural concerns such as foundation problems and roof repairs, mechanical systems like HVAC and plumbing, environmental issues including the presence of mould or UFFI insulation, and legal matters such as zoning variances, easements, or outstanding work orders. Sellers answer each question based on their own knowledge and experience. Where they genuinely do not know the answer, they can respond with 'unknown' or 'not applicable.'
It is important to understand that the SPIS is not a warranty. The OREA form itself states that the information is provided for information purposes only and that the seller is responsible for the accuracy of all answers. However, if a buyer later discovers that a seller knowingly provided false or misleading information on the SPIS, that seller could face legal action for misrepresentation. Ontario courts have held sellers accountable in cases where answers were demonstrably untrue at the time the form was signed.
This creates an interesting tension. While the SPIS can build buyer confidence and demonstrate transparency, it also introduces risk for sellers who complete it carelessly or incompletely. Some real estate lawyers in Ontario advise sellers to avoid completing the form altogether, preferring instead to rely on the principle of caveat emptor and the buyer's own due diligence through home inspections and other investigations. Others recommend completing it but doing so carefully and honestly, with guidance from a real estate professional.
Since the Trust in Real Estate Services Act came into force on December 1, 2023, agents representing sellers have additional obligations to disclose material facts and known latent defects that could make a property dangerous or unfit for habitation. These obligations exist independently of whether a SPIS is provided. The SPIS remains a voluntary supplement to those mandatory requirements, not a replacement for them.
For buyers, the presence or absence of a SPIS should not change the importance of conducting your own investigations. The form reflects what the seller knows and is willing to share, which is not the same as a complete picture of the property's condition. For more detail on what sellers are legally required to disclose, see our guide to understanding seller disclosure requirements.