Selling a home · For sale by owner
There is no rule in BC that says you have to use a realtor to sell your home. Plenty of homeowners sell privately and keep the commission. What you do not get to skip is the contract drafting, the deposit handling, the disclosure obligations, or the closing — all of which a lawyer can do for you on a private sale, usually for less than the realtor commission you save.
What we do on a private sale
Where private sellers get hurt
Without a realtor's standard form and a lawyer's review, private sellers sometimes sign contracts with subject clauses that never expire, deposit terms that protect the buyer but not the seller, or representations that survive closing in ways the seller did not intend. We catch these on draft.
BC is not a strict caveat emptor jurisdiction on residential real estate. Latent defects (defects not visible on inspection), known issues, and material facts have to be disclosed. Failing to disclose a known leak, a previous remediation, or an unpermitted alteration is one of the most common ways private sellers end up in court after closing.
Without a brokerage trust account, the deposit needs to be held by a third party. If a private deal falls through and both sides claim the deposit, the trust holder cannot release the funds to either side without consent or a court order. Drafting the trust conditions on the deposit clearly in the contract avoids most of these fights.
Frequently asked
Yes. There is no legal requirement to use a real estate agent. Many BC homeowners sell privately to family, friends, neighbours, tenants, or buyers found through for-sale-by-owner listings. The legal process is identical; what changes is who handles marketing, negotiation, and contract drafting.
No, but it is the most widely used contract for residential transactions in BC and most lawyers, notaries, and lenders are familiar with it. We can prepare a customised Contract of Purchase and Sale on a private sale, or we can review one drafted by the buyer's representative. Either way, the contract is binding once both parties sign and any subjects are removed.
Without a brokerage to hold the deposit in trust, the buyer needs to deposit the funds with a third party — typically the seller's lawyer or notary, or sometimes the buyer's. The trust conditions on the deposit are set out in the contract: when it can be released, when it is forfeit if the deal collapses, and how interest is handled. We hold deposits in trust on private sales we act on.
The Property Disclosure Statement (PDS) is a standard BC form sellers complete to disclose known material facts about the property. It is not legally required on a private sale, but using one is the standard practice and skipping it can increase your post-closing exposure if the buyer later discovers something the PDS would have covered. We recommend completing one on private sales.
The same legal protections as any other sale: the contract terms, common-law remedies for misrepresentation, the implied warranties on certain new builds (not relevant on most private sales of older homes), and title insurance if they purchase it. Buyers tend to negotiate harder on subjects (a longer inspection period, financing subject) on private sales because they cannot rely on a realtor's due diligence.
On a typical $1.5M Greater Vancouver sale, a 5% combined commission is roughly $75,000 split between buyer-side and seller-side brokerages. Selling privately saves the seller's portion (usually around 2.5%, or $37,500 on that example) and may save more if you also do not pay a buyer's commission. Against that, you carry the marketing, the showings, the negotiation, the disclosure obligations, and the risk of post-sale claims. The math works for some sellers; for others, the time and risk make a realtor worth the fee.
Tell us the basics — buyer, price, timing, any unusual terms — and we'll come back with a flat-fee quote and a draft contract.