How to Sell Your Home Privately in New Brunswick (2026)
Selling privately in New Brunswick 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.
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Land Transfer Tax in New Brunswick
New Brunswick charges a Land Transfer Tax of 1% of the property value (assessed value or purchase price, whichever is higher).
Closing Professional in New Brunswick
Real estate lawyer required
A real estate lawyer is required for title transfer in New Brunswick.
Disclosure Requirements in New Brunswick
Residential Property Disclosure Statement (RPDS) + Radon Disclosure Document
Not required by provincial statute. NBREA (New Brunswick Real Estate Association) policy requires the RPDS for transactions involving licensed REALTORS. Notably, NBREA also requires a separate Radon Disclosure document — unique in Canada — which explains radon, its presence and health risks, and requires buyer acknowledgment. Exceptions: estate sales and rental investment properties. FSBO sellers are not required to complete these forms but carry common-law latent defect obligations.
This form covers:
- •Water supply (well/municipal) and sewage disposal (septic/municipal)
- •Electrical system condition
- •Plumbing system condition
- •Heating system type and condition
- •Structural condition
- •Mechanical systems
- •Zoning compliance and permits
- •Environmental issues
- •Neighbourhood information (known issues)
- •Upgrades and past defects
- •Radon (separate Radon Disclosure document — NBREA requirement unique to NB)
New Brunswick sellers working with REALTORS must complete the Residential Property Disclosure Statement (RPDS) and a separate Radon Disclosure document. New Brunswick is currently the only province with a mandatory stand-alone radon disclosure requirement for brokered transactions. The RPDS is not required for FSBO transactions, but common-law obligations to disclose known latent defects apply to all sellers. NB Land Transfer Tax is calculated on the higher of the purchase price or assessed value — if the assessment is high relative to your sale price, buyers pay more than expected. Deaths on property are not required to be disclosed in New Brunswick.
New Brunswick-Specific Requirements
- !
A survey or title insurance is typically required by lenders.
- !
New Brunswick's Land Transfer Tax is charged on the higher of the purchase price or the property's assessed value. If assessed value exceeds the sale price, buyers pay LTT on the assessed value.
Selling a Condo or Strata Unit?
Request condo corporation documents including reserve fund study and financials.
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 New Brunswick
- 1
Hire a real estate lawyer.
- 2
Complete the Residential Property Disclosure Statement (RPDS) and Radon Disclosure document.
- 3
Accept offer and have your lawyer review the agreement.
- 4
Arrange mortgage discharge if applicable.
- 5
Closing: title registered, proceeds disbursed, keys handed over.
New Brunswick-specific things to know
- •Land Transfer Tax is on the higher of purchase price or assessed value — if assessment is high relative to sale price, buyers pay more.
- •NB is the only province requiring a separate radon disclosure document in brokered transactions.
Key Terms in the Purchase Agreement
Irrevocable period
The window during which a submitted offer cannot be withdrawn by the buyer — typically 24–48 hours. Once it lapses without acceptance, the offer is void. Sellers can counter-propose within this period, which resets the irrevocable clock.
Deposit vs. down payment
The deposit (~5% of purchase price) is paid within 24 hours of acceptance and held in trust. It demonstrates commitment. The down payment is the total equity the buyer contributes at closing (purchase price minus mortgage). The deposit is applied toward the down payment — it is not additional money on top. If the buyer walks away without a valid condition, the deposit is typically forfeited to the seller.
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 New Brunswick?
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 agents typically charge 3–5% of the sale price (split between buyer's and seller's agents). On a $700,000 home, that's $21,000–$35,000. Selling privately, your closing costs are primarily your lawyer's fee ($1,500–$2,500) and any marketing costs. Some sellers also pay a flat-fee MLS listing service ($300–$700) for MLS exposure without full representation.
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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