What Paperwork Do You Need to Sell a House Without a Realtor in Canada?

Posted On: 14 Jul, 2025
8 min read

It is becoming an increasingly popular trend for homeowners to sell their properties without the help of a realtor—otherwise known as “FSBO.” This method of selling is legal in Canada and can help sellers save on expensive realtor fees. The downside is that this means the seller takes on the responsibility of handling all of the paperwork and fulfilling the legal process. This guide will cover the necessary documents required to sell a home in Canada and how sales are finalized.

Key Takeaways

Before Listing: Preparation Documents

Property Details Sheet

Sellers should create a document before starting their listing that confirms all of the important information about the property. This includes information such as the property’s total square footage and the exact size of the lot it is sitting on. It should also include information that would answer common questions at showings—such as the age of the home and utility information.

Sellers should also include any information on upgrades they have made to the property. Having this document ready to go makes it easier for sellers to quickly access this information when they are listing and showing the property.

Comparative Market Analysis or Appraisal (Optional)

CMAs and appraisals are not technically required. However, they are strongly recommended. These assessments are typically completed by professionals—such as a professional from a discount brokerage or an appraiser—and help sellers accurately determine the value of their home within the current market. Some online tools may also be able to help with these assessments.

Required Disclosure Documents

Property Disclosure Statement (PDS)

PDSs are required in some provinces—like British Columbia. These statements are filled out by the seller before they list their property. The point of these documents is to make sure that potential buyers are aware of any property defects or issues before buying. These statements are a good idea to have regardless since they can help buyers avoid any legal disputes that could arise after the sale due to undisclosed issues with the property.

Lead-Based Paint Disclosure

Sellers with homes built before 1978 may be required to provide a Lead Paint Disclosure document. This may only be the case for some regions. Regions with this requirement may require the sellers to let their buyers know ahead of time about any potential hazards surrounding lead exposure.

Additional Provincial Disclosures

Different provinces may also have additional requirements for disclosures that are required. This includes disclosures such as letting the buyer know if the property has an oil tank beneath it or having it removed. It may also include disclosing information about the property’s septic system and whether there are any issues with flooding or other environmental hazards.

Legal Forms and Contracts

Agreement of Purchase and Sale (APS)

APSs are there to help protect both buyers and sellers. These contracts cover the cost of the property and conditions that must be met in order for the sale to go through. It also covers information on the deposit and additional terms and conditions. These contracts can be made by using provincial real estate forms. They are also sometimes drafted by a lawyer. These contracts should be legally reviewed before anyone signs them. They should also include all key information such as information on the deposit and financing. They should also include the closing and inspection information.

Schedule A Addendums (If Applicable)

Some sellers may also have Schedule A Addendums for their property. These are used to clarify or add to the contract and specify certain terms. They may also be used to clarify other disclosures or exemptions—like closing date delays. These are often used for listing certain items that are included in the sale. These are often items like fixtures or appliances. Another common use is to clarify defects or other arrangements related to the property.

Mortgage and Financial Papers

Mortgage Discharge Statement

Sellers must obtain a mortgage discharge statement for properties with an active mortgage. The mortgage servicer and land title office are also involved in this. These statements show how much has been paid and how much is owed. It also shows the cost of any additional discharge fees or penalties. The exact process for this statement may vary depending on location.

Title and Ownership Documents

Copy of Your Property Title

Sellers will also need a copy of their property title. This copy shows who legally has ownership over the home. It also shows whether there are any existing liens or encumbrances on the property that the buyer should be aware of. These titles are registered with the provincial land registration system and can be obtained from their office.

Real Property Report or Land Survey (Province-Dependent)

Real property reports and land surveys are used to outline the boundaries of the space that a property includes. These reports may vary depending on the province. However, they are especially important in areas like Alberta and Manitoba. These papers include the address of the property and the boundary lines. They also include information on easements and the placement of structures.

At Closing: Final Legal Documents

Statement of Adjustments

One of the final documents that will be needed is a statement of adjustments. These documents break down what is owed—whether that is taxes, utilities, etc.—and shows any price adjustments made in favour of either party. This helps the final balance be calculated at closing. These documents are usually prepared by the seller’s lawyer.

Deed/Transfer of Land

A transfer deed will also be needed as evidence that the property was sold and a new owner is taking over. This document outlines the transfer of the property’s ownership from the seller to the buyer. These documents are usually prepared by a notary or real estate attorney.

Bill of Sale (Optional)

A bill of sale may also be needed if the seller is including any of their personal property in the sale of the home. These items are usually furniture or appliances that they plan to leave in the house for the next owner.

Affidavit of Execution (In Some Provinces)

An affidavit of execution is used to prove that other documents are legitimate and have been signed with a witness present. These witnesses often include lawyers or notary publics. The requirements for this may vary by province.

Role of a Lawyer in a Private Sale

A real estate lawyer is still involved in the majority of real estate transactions for FSBO sales. Their role in the sale is to write up and review contracts. They are also in charge of making sure the title is transferred legally. Real estate lawyers also handle the disbursement of all payments at closing and help finalize everything.

Real estate lawyers usually charge legal fees for their services. These fees often range anywhere between $500 and $2,000+. The exact amount depends on the province the property is being sold in and the complexity of the sale.

The Bottom Line

It is possible to sell a home in Canada without the help of a realtor. However, this does mean the seller is responsible for all of the paperwork and making sure it is done properly. FSBO property sellers should make sure they stay organized throughout the selling process and meet all compliance rules in their province. Lawyers should also always be used to finalize the transaction. A successful FSBO sale is entirely possible as long as the seller prepares all of the right documentation and does their due diligence.

Contact Sell Soon Homes today, we buy houses for cash so you can sell your house quickly without and avoid realtor fees.

FAQs

1. Is it legal to sell a house privately in Canada?

Private home sales are completely legal in Canada. These are commonly referred to as “For Sale By Owner” or FSBO transactions. Sellers just need to make sure they meet all legal requirements and follow the rules of their province.

2. Can I use standard real estate forms without an agent?

Most provinces have standard real estate forms that private sellers can use without a realtor. These forms are often available through real estate lawyer offices or provincial land registries.

3. Do private home sales in Canada require a lawyer?

Real estate lawyers are usually required in some provinces and are recommended in all provinces. They can help with writing contracts and reviewing them. They also help with title transfers and closing.

4. Where can I get the Agreement of Purchase and Sale form?

APS forms can usually be obtained through a real estate lawyer or created using provincial real estate forms.

5. Do I need to disclose defects if I’m selling as-is?

Sellers are still required to disclose known material defects regardless. Not disclosing this information may lead to legal complications down the line. A Property Disclosure Statement is often used for this purpose and is required in some provinces.

Sources

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