Do we have to disclose lead paint to buyers when selling our older home in East Vancouver?

In British Columbia, sellers have a legal obligation under the Property Law Act and common law to disclose known latent defects — hidden problems that a buyer wouldn't discover through a reasonable inspection. Lead paint in an older East Vancouver home can qualify as a latent defect, particularly if you've had it tested and confirmed, or if you've painted over deteriorating lead paint to conceal the condition.

The BC Real Estate Association's Property Disclosure Statement (PDS) includes questions about hazardous materials and known defects. While completing the PDS is technically voluntary, refusing to fill one out or omitting known information raises red flags for buyers and their agents. If you know lead paint exists and don't disclose it, you could face legal action after the sale if the buyers discover it and suffer damages.

Practically speaking, almost every East Vancouver home built before the mid-1970s likely contains lead paint. Buyers and their home inspectors generally assume this for older character homes in neighbourhoods like Commercial Drive, Hastings-Sunrise, and Renfrew-Collingwood. The real disclosure concern arises when you know specific surfaces have tested positive, when lead paint is deteriorating and creating dust hazards, or when you've done renovation work that disturbed lead paint without proper remediation.

If you're planning to sell and suspect lead paint, getting a professional assessment before listing can actually work in your favour. A clean report showing the paint is intact and properly encapsulated, or documentation of professional abatement, removes uncertainty and can prevent price negotiations based on buyer fears.

As a next step, consult with your real estate lawyer about your specific disclosure obligations and consider getting a pre-sale lead paint assessment to document the current condition of painted surfaces in your home.

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