How to Sell Your Home Privately in British Columbia (2026)
Selling privately in British Columbia can save you tens of thousands in agent commissions. This guide covers exactly what documents you need, what you're required to disclose, and how the closing process works, step by step.
British Columbia seller's checklist
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Property Transfer Tax (PTT) in British Columbia
BC's Property Transfer Tax applies to the buyer at closing. Rates: 1% on the first $200,000; 2% from $200,000 to $2,000,000; 3% on amounts over $2,000,000; 5% on amounts over $3,000,000 (for residential).
Closing Professional in British Columbia
Notary public or real estate lawyer
In BC, the title transfer can be handled by either a real estate lawyer or a notary public. Both are authorized to handle conveyancing. Notaries are often slightly less expensive but cannot handle complex legal disputes. For straightforward residential sales, a notary is common.
Where Title Is Registered in British Columbia
Your lawyer registers the transfer with the Land Title and Survey Authority (LTSA).
Land Title and Survey Authority (LTSA) →Disclosure Requirements in British Columbia
Property Disclosure Statement (PDS) or Property No-Disclosure Statement (PNDS)
Not legally mandatory by statute, but BCFSA rules (Section 59 of the Real Estate Services Rules) require licensed agents to disclose all known material latent defects to buyers. If the seller refuses disclosure, the agent must cease acting. BCREA updated its forms in late 2025 following the BC Court of Appeal ruling in Sewell v. Abadian (2025 BCCA 158), which confirmed that striking out a PDS creates a representation that the seller has no knowledge of defects. Sellers who choose not to complete the PDS must sign the PNDS instead, which states they are aware of their disclosure obligations. Four forms exist: (1) PDS for houses, (2) PNDS for non-disclosure, (3) Strata Title PDS for condos/townhouses, (4) Bare Land Strata PDS.
This form covers:
- •Title encumbrances, easements, and bylaw violations
- •Water supply type and quality issues, septic system (if applicable)
- •Structural issues (foundation, settlement, water ingress, roof age and condition)
- •Electrical, heating, and plumbing systems: known deficiencies
- •Environmental hazards (underground/above-ground oil tanks, contamination, asbestos, mould, grow operations)
- •Unauthorized improvements (additions or renovations done without permits)
- •Radon (explicitly named in BCFSA material latent defect definition)
- •Tenancy status (if the property is currently tenanted)
- •Strata Title PDS adds: parking/locker details, strata disputes, special levies, building envelope issues, pending litigation
BC sellers are strongly expected to complete the Property Disclosure Statement (PDS). A major 2025 BC Court of Appeal ruling (Sewell v. Abadian) changed the legal landscape: simply striking out or voiding a PDS is no longer a safe strategy. It creates an implied representation that the seller has no knowledge of defects. If the seller had knowledge, that becomes actionable misrepresentation. Sellers who genuinely do not wish to complete the PDS must instead sign the Property No-Disclosure Statement (PNDS), which acknowledges their disclosure obligations. BC's statutory definition of "material latent defect" is one of the most detailed in Canada and explicitly includes grow operations, unauthorized additions, and radon. The Home Buyer Rescission Period (since January 3, 2023) gives buyers 3 business days to rescind any accepted offer, paying a 0.25% fee.
British Columbia-Specific Requirements
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Complete the correct PDS form: residential PDS for houses, Strata Title PDS for condos/townhouses, Bare Land Strata PDS for bare land strata.
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For strata (condo/townhouse) properties: gather Form B (strata information certificate), strata meeting minutes, financial statements, bylaws, and depreciation report for the buyer. Budget $100–$300 for the strata corporation to prepare these.
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BC's Home Buyer Rescission Period (HBRP): buyers have 3 business days after offer acceptance to rescind, paying 0.25% to the seller. Build this into your timing expectations.
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Note on oil tanks: BC has detailed regulations on underground oil tanks. If you have one (even a decommissioned one), disclose it and be prepared to provide documentation.
Selling a Condo or Strata Unit?
Strata properties require a Form B Information Certificate from the strata corporation. The buyer's lawyer or notary will also want recent strata minutes (last 2 years), financial statements, bylaws, rules, and a depreciation report. Budget $100–$300 for the strata corporation to prepare documents. In BC, the strata document review period is a standard condition in offers.
Inclusions and Exclusions
Every purchase agreement must clearly state what stays with the property and what the seller is taking. Disputes over inclusions are one of the most common sources of post-closing complaints in Canadian real estate. When in doubt, write it in.
Typically included (stay with the property)
- ✓Built-in appliances (dishwasher, built-in oven/microwave)
- ✓Light fixtures (ceiling, pot lights, chandeliers)
- ✓Window coverings attached to a rod or track (blinds, shutters)
- ✓Central vacuum system and attachments
- ✓Garage door openers and remotes
- ✓Built-in shelving and storage systems
- ✓Permanently installed ceiling fans
- ✓Alarm and security systems (owned, not monitored contract)
- ✓Intercom systems
- ✓Water softener (if owned and plumbed in)
- ✓In-ground sprinkler systems
- ✓Permanently attached outdoor structures (gazebo on concrete pad)
- ✓Fireplace inserts and gas fireplaces (if plumbed in)
Typically excluded (seller takes these)
- ✗Freestanding fridge, stove, washer, dryer (unless listed in the agreement)
- ✗Portable dishwasher
- ✗Chest freezer or bar fridge
- ✗Above-ground pool and equipment
- ✗Hot tub or spa (if not permanently plumbed)
- ✗Portable or window A/C units
- ✗Decorative light fixtures the seller wants to keep
- ✗Curtains and drapes (freestanding rods often excluded)
- ✗Freestanding shelving or storage units
- ✗EV charging equipment (if portable)
- ✗Outdoor furniture, planters, garden statues
- ✗Firewood, propane tanks
- ✗TV wall mounts (disputed, specify either way)
Step-by-Step: Selling Privately in British Columbia
- 1Complete the BC Property Disclosure Statement (PDS), or sign the PNDS if you choose not to disclose.
- 2If selling a strata property, gather Form B, meeting minutes, financial statements, bylaws, and depreciation report.
- 3Hire a lawyer or notary for your conveyancing.
- 4Accept an offer. Note the 3-business-day Home Buyer Rescission Period.
- 5Your conveyancer will review the Contract of Purchase and Sale.
- 6If there is a mortgage, your conveyancer will obtain a payout statement from the lender.
- 7On completion day, funds are exchanged between lawyers/notaries and title is registered.
- 8Possession is typically given 1 business day after completion. Confirm this in your agreement.
British Columbia-specific things to know
- •BC uses three key dates: completion, adjustment, and possession, which are often different. Make sure all three are clearly stated in your agreement.
- •The 2025 Sewell v. Abadian ruling means simply crossing out the PDS is legally dangerous. Use the PNDS form if you choose not to disclose.
- •Property Transfer Tax is substantial in BC: on a $1M home, the buyer owes $18,000 PTT.
- •A lawyer or notary public completes the transfer in BC. No professional body publishes a set conveyancing tariff; the fee must be fair and reasonable and disclosed, so ask for a quote up front.
Key Terms in the Purchase Agreement
Subject conditions and subject removal (BC)
BC does not use an "irrevocable" model. Offers include subject conditions (e.g., "subject to financing," "subject to inspection") with a subject removal deadline. Once all subjects are formally waived in writing, the deal goes firm. Since January 3, 2023, BC's Home Buyer Rescission Period (HBRP) gives buyers 3 business days after acceptance to rescind, paying 0.25% to the seller. This applies even if all subjects have been removed.
Deposit vs. down payment
No deposit is legally required. BCFSA, British Columbia's real estate regulator, states it plainly: "There is no legal requirement for a money deposit", and a deposit is not needed to make the contract binding. It is a negotiated term, not a rule. On amount, the one figure published by a regulator is BCFSA's: five to 10 per cent of the purchase price is typical, and any amount can be negotiated between a buyer and seller. Read that as what it is, a BC regulator describing transactions that have agents in them. There is no national figure and no published private-sale figure. Deposit and down payment are not the same thing, and the published sources answer two different questions about where it lands: BCFSA says that once the deal completes the deposit is added to the rest of your down payment, while Quebec's OACIQ form says the deposit is credited against the purchase price. Either way it counts toward what the buyer already owes, rather than being money on top. What happens to it if the deal collapses depends entirely on the contract. The Ontario Court of Appeal puts it as: a deposit is forfeit if the purchaser refuses to close the transaction, unless the parties bargained to the contrary (Benedetto, 2019 ONCA 149). BCFSA says the same thing in its own words, that it will depend entirely on what was agreed to in your contract. So set the release terms out in the agreement rather than relying on a default.
Who holds the deposit, and what does not protect it
Who holds the deposit is negotiable between buyer and seller, and BCFSA's published best practice is that it be held in trust with a receipt, precisely because a trust account protects the funds if there is later a dispute. That is best practice, not a description of what happens automatically. The protections most people assume are attached to a deposit are triggered by a licensed brokerage, and a private sale has none of them: in BC a brokerage holds deposit money as a stakeholder and not as agent for one of the parties, in Ontario every brokerage must keep a trust account and pay into it all money that comes into its hands in trust, RECO's insurance responds to brokerage theft, fraud, insolvency and misappropriation up to $200,000 per claim, and Alberta and Quebec impose the equivalent. With no brokerage in your sale there is no statutory stakeholder, no brokerage trust duty, and no RECO deposit insurance. In Ontario that gap is structural rather than accidental: someone trading in respect of their own interest in real estate is exempt from the Act, so the brokerage trust duty never reaches a private seller in the first place. What is NOT true is that a private party is barred from holding the money. No province we checked prohibits it, and BC regulates receiving deposit money only where it is done for remuneration, so an unpaid friend holding funds is not caught. A lawyer or notary can hold it, with one real limit worth knowing before you ask: law society rules in Ontario, BC and Alberta require a lawyer who receives trust money to pay it into a pooled trust account, but those same rules, following the Federation of Law Societies national rule, restrict trust accounts to money directly related to legal services the firm is actually providing. A lawyer cannot be used as a bare neutral escrow with no retainer. That limit is verified for Ontario, BC and Alberta; we have not verified the other provinces. The practical step is to agree in writing who holds the deposit and on what terms it is released, and to get a receipt. BCFSA's own advice, where a deposit is to be held by someone other than a brokerage, is to obtain independent legal advice.
Condition on financing
The sale is conditional on the buyer obtaining mortgage approval, typically within 5–10 business days. If financing falls through, the buyer can withdraw and recover the deposit. Sellers should not remove the property from the market until all conditions are waived.
Condition on home inspection
The sale is conditional on a satisfactory home inspection, typically within 5–7 business days. If the buyer is not satisfied with the inspection results, they can withdraw. In competitive markets, buyers sometimes waive this. You cannot require them to, but you can negotiate the timeline.
Closing adjustments
Property taxes, condo fees, utility bills, and prepaid rents are prorated as of the closing date. The seller pays for the period up to and including closing; the buyer pays from the day after. Your lawyer prepares a Statement of Adjustments. Typical adjustments add or subtract $500–$3,000 depending on the time of year.
"As-is" clause
States the buyer accepts the property in current condition. This does NOT protect sellers from liability for known latent defects. Courts across Canada have consistently held that deliberate concealment of a known defect is fraud, which survives any "as-is" clause. It may limit claims for patent (visible) defects the buyer could have discovered through reasonable inspection.
Latent vs. patent defect
A latent (hidden) defect cannot be discovered through reasonable inspection, for example, foundation cracks behind drywall, water infiltration hidden by fresh paint, or contaminated soil. Sellers must disclose known latent defects. A patent defect is visible or discoverable: peeling paint, a broken window, visible water stains. Patent defects are generally the buyer's responsibility to discover.
Time is of the essence
Standard clause in Canadian purchase agreements. All specified dates (offer deadline, condition removal, closing) are strict. Missing them can allow the non-defaulting party to terminate the agreement or claim damages.
Common Questions
Do I need a real estate agent to sell my home in British Columbia?
No. You have the legal right to sell your home privately without an agent. You will still need a real estate lawyer to handle the title transfer and closing. Guidepost provides the pre-closing documents: the purchase agreement, disclosure statement, and related paperwork.
How much does it cost to sell privately vs. using an agent?
Real estate commissions may be negotiable, but typically range from 2% to 6% of the sale price, depending on your location (Financial Consumer Agency of Canada). No Canadian law sets the rate. In British Columbia, the BCFSA confirms any commission amount can be negotiated between you, your real estate professional, and the brokerage. Note that a brokerage declining your rate is not a violation, so negotiable does not mean they must agree. Selling privately, your main closing cost is your lawyer’s fee. No law society or professional body publishes a set conveyancing tariff; by the rules of professional conduct the fee must be fair and reasonable and disclosed to you, so ask for a quote up front.
What documents does the buyer's offer need to include?
A valid offer should include: the full property address and legal description, the purchase price, deposit amount and deadline, conditions (financing, inspection, etc.) with expiry dates, inclusions and exclusions, proposed closing date, and signatures from all buyers. Guidepost's package gives you a template to present to buyers or to review an offer they bring to you.
Am I required to disclose defects when selling privately?
You are legally required to disclose known latent defects: hidden issues that would not be discovered by reasonable inspection and that materially affect the property's value or habitability. Common examples include foundation cracks, past flooding, water damage, or environmental hazards. Selling "as-is" does not protect you from liability for defects you knew about.
Official sources
Last updated: June 2026
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