Script 405 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

Selling your home is one of the biggest financial transactions of your life. You should know several things before the “For Sale” sign goes up on your lawn.

Before you sell: what is your home worth and what should it sell for in today’s market?
One way to find out is to get a professional appraisal. This will give you a value for your home based on what comparable homes in your area have sold for and on what it would cost to replace your home. While the charge will vary with each appraiser, you can expect to pay somewhere between $200 and $500 for an appraisal.

Another way to learn the value of your home is to contact several reputable real estate agents who do business in your area. They will look at your house and, for no charge, tell you what price they would list the house for and what they’d expect it to sell for.

Do you need a realtor?
You may decide to try selling your house yourself but, especially in a difficult market, most people prefer to have a professional do the job. If you decide to use a realtor, pick someone you trust and are comfortable with.

Should you have a lawyer?
Selling and buying a house is complicated. The potential for disaster is great – one mistake could cost a lot. As well, there are risks in real estate, and when selling or buying, you should be careful. There are many possible types of real estate fraud. To protect yourself, you should use a lawyer, instead of trying to do it yourself.

What is a listing agreement?
It is the contract between you and your real estate agent with the terms for selling your house. Today, most listing agreements for residential sales are from the local real estate board and are multiple listing agreements. A multiple listing agreement means your agent can advertise and show your home to realtors in their own agency plus realtors with other agencies. This allows many potential buyers to learn about your home. Many agents prefer that the agreement continue for a 3-month term, but you might want to list your home for a shorter period. If your house doesn’t sell within that time, you can always extend the term of the listing agreement or change agents.

What do you pay the agent?
The listing agreement sets the amount of the agent’s pay, or commission. In BC, agents typically charge 7% on the first $100,000 of the sale price, plus 2.5% on the rest. For example, if your home sells for $400,000, the commission would be $14,500. You pay this commission to your agent, who shares it with the buyer’s agent.

Do you have to pay the commission even if the agent doesn’t sell your house?
Normally, your agent is entitled to a commission when a buyer – who is ready, willing, and able to buy your house – signs an offer to purchase, and you accept it. Sometimes, even if the transaction falls through, depending on the listing agreement, you may still have to pay a commission. You may also have to pay the commission if you sell the house yourself while the listing agreement is active, or even after the listing agreement has expired – if the agent had previously shown the house to the buyer or was the “effective” cause of the sale.

Do you have a mortgage on your house?
If you have a mortgage on your home, you will have to contact the bank or credit union that holds the mortgage to find out certain information, such as:

• How much do you owe on your mortgage?
• Can the buyer assume (or take over) the mortgage? If so, will the buyer need to have a certain income to qualify?
• Can you pay off the mortgage? If so, is there a prepayment penalty? Sometimes a lending institution will waive the penalty if the buyer takes out a new mortgage with the same company, or if you take out a new mortgage with them.

Get the answers to these questions in writing so you don’t have any unpleasant surprises later on.

What happens after you sign the listing agreement?
If someone offers to buy hour home, your agent will bring you an offer to buy. It will likely be written on a standard form provided by the local real estate board. Read all the fine print. Every word is important. If you’re concerned about it, have your lawyer check it before you sign. Once you and the buyer have signed it, it becomes a binding contract of purchase and sale. Don’t be afraid to discuss with your agent anything in the offer that you don’t like and write in your own terms instead. It then goes back to the potential buyer as your counteroffer, and becomes the contract of purchase and sale if the buyer accepts your counteroffer.

What things in the house are included in the sale?
When someone buys your house, all the things that are “fixtures” go along with it, unless you and the buyer agree otherwise. The definition of a fixture can be tricky. But generally, a fixture is anything that’s attached to the house so that its removal would damage the house or require some repair. The bathroom sink is an obvious example. So is the crystal chandelier in the dining room, so if you want to take it with you, make sure the contract you sign with the buyer makes that clear. Better yet, before you put the house up for sale, replace the chandelier with a simple, inexpensive fixture. The washer, dryer, fridge, and stove aren’t fixtures, but you may be able to use them as bargaining tools if the buyer wants them.

What are “subject to” clauses?
They are conditions that have to be met before the deal to buy your house proceeds. Common ones include the buyer getting financing and the house passing an engineering inspection. If you get an offer that is subject to the buyer getting financing or any other condition, make sure the buyer only has a short time to remove the condition. Your home will be off the market for the time it takes the buyer to remove the condition, so you want to keep it short.

As well, the “subject to” clause should be very specific. Don’t accept a clause that says just “subject to purchaser obtaining satisfactory financing.” If the buyer changes their mind, all they have to do to get out of the deal is to say they couldn’t get satisfactory financing. Instead, get details in the clause that say the interest rate, the principal amount, monthly payments and so on, as well as the deadline for when the buyer must remove the clause.

Summary
First, get a realistic idea of your home’s market value. Then choose a realtor you trust. Read the fine print of your listing agreement and the offer to purchase very carefully. If you have any doubt, especially about the offer to purchase, have a lawyer check it over before you sign.

More information
For more information on house mortgages and financing, refer to script 408, called “Mortgages and Financing a House Purchase”. For more information about the contract of purchase and sale, refer to script 406, called “Buying a House”.

As well, read the booklet called “Selling a Home” prepared by the Real Estate Council of British Columbia. For a free copy, call them in Vancouver at 604.683.9664 or toll-free 1.877.683.9664 elsewhere in BC. Or go to their website at www.recbc.ca and click on “Consumer Information”.

[updated July 2007]

Dial-A-Law© is a library of legal information that is available:

• by phone, as recorded scripts, and
• in writing, on the CBA BC Branch website.

To access Dial-A-Law, call 604.687.4680 in the lower mainland or 1.800.565.5297 elsewhere in BC. Dial-A-Law is available online at www.cba.org/bc in Public & Media.

The Dial-A-Law library is prepared by lawyers and gives practical information on many areas of law in British Columbia. Dial-A-Law is funded by the Law Foundation of British Columbia and sponsored by the Canadian Bar Association, British Columbia.

© Copyright 1983-2007 Canadian Bar Association, British Columbia