Protecting Your Information

 

When you’re the client of a real estate or mortgage professional, they have an obligation to maintain the confidentiality of your personal information (including finances), as well as information about the property or transaction.

Your industry professional can only disclose your personal information to others if you give them permission or it is required by law.

Personal Information

Personal information is any information about an identifiable person. This could include:

• addresses

• phone numbers

• e-mail

• age

• employers

• physical traits

• ID numbers

• finances

• marital status

• health

• family

• ethnic origin

• religion

• sexual preferences

• memberships

• education

• history

• occupation

 

Property Information

Property information includes:

• legal description

• zoning designation

• square footage

• taxes

• age

• building condition

• pictures or video of the  
property

• sale price

• past history

• structural

• heating

• plumbing

• electrical

• mechanical

 

Transaction Information

Transaction information includes any information you give to your real estate or mortgage professional through the course of your client relationship. It includes service agreements and communications, such as text messages, email, verbal conversations, etc.

Are there exceptions to confidentiality?

Material Latent Defects

If your property has a material latent defect, you must disclose that to your real estate professional, and your real estate professional must disclose this information to a potential buyer or the buyer’s representative. This disclosure does not require your consent.

If you are not sure if the defect is material or latent, you should discuss this with your real estate representative. For more information on material latent defects, click here.

Ability to purchase or lease a property

If you’re in a transaction brokerage agreement, the brokerage must disclose any known material facts relevant to your ability to buy (if you’re a buyer) or lease (if you’re a tenant) to the seller or lessor, as the case may be. For more information on transaction brokerage, click here.

Does your industry professional’s obligation to keep your information confidential, end when the sale is completed?

Even after your transaction is done, your industry professional is still required to keep your information confidential. The requirement to keep your information confidential does not have an expiry date.

 

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