Selling your property privately can be a liberating experience, offering control over the entire process and potential savings on real estate agent commissions. However, it also means that you are responsible for understanding and managing the legal aspects of the transaction. In Ontario, it’s important to note that all real estate transactions are conducted via lawyers. This adds a layer of protection, ensuring that both buyer and seller’s rights are upheld. Here are some legal considerations to keep in mind when selling your property privately in Ontario.
Hiring a Real Estate Lawyer
Since all property transactions in Ontario involve lawyers, your first step once you have a deal signed with a buyer, should be to hire a reputable real estate lawyer. Your lawyer will handle the legal aspects of the sale, including managing the closing process, ensuring that the transaction adheres to all provincial laws and regulations, and that title/deed only changes hands once they have received funds from the buyer’s lawyer. Having a competent real estate lawyer ensures that your interests are protected and makes the transaction safe and secure for both parties.
Property Disclosure
In Ontario, sellers have a legal obligation to disclose any significant defects that could affect the value or desirability of the property. These can include issues with the structure, electrical systems, plumbing, or the presence of substances like asbestos or lead. Failure to disclose known defects could lead to legal action after the sale. Ensure that you are transparent and honest about your property’s condition to avoid any potential legal issues.
Purchase Agreement
The purchase agreement is a legal document that outlines the terms and conditions of the sale. It includes details such as the purchase price, deposit amount, closing date, items included in the sale (like appliances or furniture), and any conditions of the sale.
Title Search
A title search is a critical part of the legal process in selling a home. It ensures that you, as the seller, legally own the property and have the right to sell it. The title search will also reveal if there are any liens or encumbrances on the property, such as a mortgage or a lien for unpaid taxes. Your lawyer will conduct this search as part of the process.
Closing Process
The closing process is the final step in the sale of a property. In Ontario, this process must, by law, be handled by your lawyer. They will coordinate with the buyer’s lawyer to exchange documents and funds, register the new ownership with the Ontario Land Registry, and distribute the proceeds of the sale to you. This legal process ensures a safe and secure transfer of the property.
Legal Costs
When budgeting for your private sale, don’t forget to factor in legal costs. In Ontario, legal fees for selling a property can range from $1,000 to $2,500, plus disbursements and HST. While these costs can be significant, the expertise and protection provided by a real estate lawyer are invaluable. Also, many cash house buyers will agree to cover your legal fees if you bring this up in the negotiations.
Selling a property privately can be a complex process, particularly when it comes to legal considerations. However, remember that in Ontario, the involvement of a real estate lawyer in every transaction provides a solid safeguard. As you navigate the journey of selling your property, trust in the process and the knowledge that the legal aspects of your sale are handled meticulously, ensuring a safe, secure, and successful transaction for both you and the buyer.