Question 1

Do I need a real estate agent to sell my home in Canada?

Accepted Answer

No. You can sell your home privately (FSBO — For Sale By Owner) in every Canadian province. However, you will still need a real estate lawyer (or notary in Quebec) to handle the title transfer and closing. Guidepost helps with the pre-closing documents — purchase agreement, disclosure statement, and inclusions schedule. Your lawyer handles the deed registration.

Question 2

What documents do I need to sell my home without an agent?

Accepted Answer

At minimum: an Agreement of Purchase and Sale, a Seller's Disclosure Statement (condition of the property), and an Inclusions & Exclusions Schedule. In BC, additional mandatory disclosures apply. In Ontario, sellers using an agent must complete the SPIS (Seller Property Information Statement). A real estate lawyer will also need your title documents and mortgage discharge statement.

Question 3

Do I have to disclose defects when selling my home?

Accepted Answer

Yes. Canadian sellers have a legal duty to disclose known material defects — particularly latent (hidden) defects that are not visible on inspection. Failure to disclose can expose you to lawsuits after closing. Defects that must typically be disclosed include: water infiltration history, structural issues, mould, past flooding, environmental contamination, and anything a reasonable buyer would want to know. Disclosure requirements vary by province.

Question 4

How much does a real estate lawyer cost for a private home sale?

Accepted Answer

Expect to pay $1,000–$2,500 for a real estate lawyer depending on the province and complexity. This covers reviewing your purchase agreement, conducting the title search, handling mortgage discharge, calculating adjustments, registering the transfer, and distributing proceeds. In Quebec, a notary is mandatory and typically charges $1,200–$1,800 per transaction.

Question 5

Who pays land transfer tax — the buyer or seller?

Accepted Answer

The buyer pays land transfer tax. The tax is calculated as a percentage of the purchase price and varies significantly by province. Alberta and Saskatchewan have no land transfer tax. Ontario, BC, and Quebec have the highest rates, with additional taxes for foreign buyers. First-time buyers may qualify for rebates in Ontario, BC, PEI, and other provinces.

How to Sell Your Home Privately in Canada

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