How to Sell Your Home Privately in Ontario (2026)
Selling privately in Ontario 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 (LTT) in Ontario
Ontario charges Land Transfer Tax on the buyer at closing. Rates: 0.5% on the first $55,000; 1% from $55,000 to $250,000; 1.5% from $250,000 to $400,000; 2% over $400,000; 2.5% on amounts over $2,000,000 where the land contains one or two single-family residences.
Closing Professional in Ontario
Real estate lawyer required
A real estate lawyer is required to close a property sale in Ontario. The lawyer handles title search, title insurance, mortgage discharge (if applicable), fund transfers, and registration of the deed.
Disclosure Requirements in Ontario
Seller Property Information Statement (SPIS) — OREA Form 220
The SPIS is voluntary in Ontario — not legally required by statute. Exception: the Thunder Bay Real Estate Board mandates it for all MLS listings. Since December 2023, TRESA requires agents to provide buyers with written disclosure of all known material facts — but this is the agent's duty, not the seller's duty to complete the SPIS form itself.
This form covers:
- •Title issues (easements, encumbrances, work orders, heritage designations, rights-of-way)
- •Services (road access, municipal water vs. well, sewer vs. septic)
- •Environmental hazards (UFFI, asbestos, underground storage tanks, contamination, radon)
- •Utilities (heating type/age, electrical system — amperage, breakers vs. fuses — water heater rental status)
- •Structural (basement water ingress, foundation issues, roof age and condition)
- •Mechanical (plumbing, A/C, central vacuum)
- •Renovations (whether permits were obtained)
- •Tenant/lease information (if property is tenanted)
Ontario's Seller Property Information Statement (SPIS, OREA Form 220) is voluntary — not legally required. However, since December 2023, the Trust in Real Estate Services Act (TRESA) requires agents to provide buyers with written disclosure of all known material facts. Sellers still carry common-law liability for known latent defects regardless of whether they complete the SPIS. Completing the form is strongly recommended because: (1) it limits post-sale disputes, and (2) even a disclaimer on the form does not protect you if answers were known to be false. Important: "as-is" clauses do not protect sellers from liability for known hidden defects.
Ontario-Specific Requirements
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For condominiums: the seller must provide a Status Certificate (obtained from the condo corporation, typically $100 and takes up to 10 business days). Buyers have 3 days from receipt to review.
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Title insurance is standard practice in Ontario and typically replaces the need for a new survey.
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Sellers must disclose known latent defects (hidden defects not visible on reasonable inspection). Failure to disclose a known latent defect can result in the sale being rescinded or damages claimed.
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Sellers are not required to disclose deaths on the property under Ontario law — but must answer direct buyer questions truthfully.
Selling a Condo or Strata Unit?
Status Certificate is required. Allow 10 business days and budget $100–$150 for the condo corporation to prepare it. The buyer's lawyer will review it for financial health, pending special assessments, and rules.
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 Ontario
- 1
Hire a real estate lawyer before accepting an offer — they'll need time to prepare.
- 2
If selling a condo, order a Status Certificate now — it takes up to 10 business days.
- 3
Complete the Seller Property Information Statement (SPIS, Form 220) — optional but strongly recommended.
- 4
Accept an offer. Your lawyer will review the Agreement of Purchase and Sale.
- 5
If there is a mortgage on the property, your lawyer will arrange a discharge payout amount from your lender.
- 6
On closing day, your lawyer registers the deed transfer and you receive the net proceeds after mortgage payoff.
- 7
Hand over keys on the date and time specified in the agreement.
Ontario-specific things to know
- •Land Transfer Tax is paid by the BUYER, not the seller — but knowing the amount helps price negotiations.
- •HST does not apply to resale residential properties in Ontario — only to newly built homes.
- •If the property has been used for business purposes or is a mixed-use property, consult a tax professional before listing.
- •Ontario courts have ruled that sellers are liable for known latent defects even when selling "as-is." Document all known issues.
- •Limitation period: buyers have 2 years from when they discovered (or ought to have discovered) a defect to sue.
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 Ontario?
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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