Selling Your Own Home in Ontario
Selling a house privately in Ontario—without a listing agent—is legal. People call it FSBO (for sale by owner). You can skip the brokerage commission model. You cannot skip the conveyancing.
This guide walks through the private-sale path: legality, paperwork, pricing and marketing without an agent, and how offers get to a closed real estate closing. Keep the framing accurate: an agent is optional; a real estate lawyer is not, if you want the transfer registered and the money handled in trust.
You can skip the agent. You still need a real estate lawyer in Toronto to search title, hold deposits if required, and register the transfer.
Private sellers face the same Residential Tenancies Act rules. Listing a tenanted house does not end the lease. Plan vacant possession, N12, or cash-for-keys before you promise vacant on closing.
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Is a Private Sale Legal in Ontario?
Yes. Ontario does not require a seller to hire a real estate agent. What the transaction does require is a valid contract, honest dealing on material facts, clear title (or a plan to clear it), and proper registration on Teraview.
- A properly drafted Agreement of Purchase and Sale.
- Disclosure of known material defects—see seller disclosure in Ontario.
- Title that can actually be transferred on closing.
- Compliance with tenancy rules if the property is rented.
Private sale does not mean doing everything alone. Many FSBO sellers still ask a lawyer to draft or review the offer, explain conditions, and run the closing the same way a listed deal closes.
Pros and Cons of Selling Without an Agent
Advantages
- Possible savings on listing commission (often the largest seller cost on a listed deal).
- Direct control over showings, timing, and negotiation.
- Useful for off-market sales to family, friends, tenants, or neighbours.
Drawbacks
- Less MLS / REALTOR.ca exposure unless you buy a flat-fee listing.
- Some buyer agents hesitate without a clear cooperating commission.
- You own marketing, staging, open houses, and first-pass negotiation.
- Higher risk of a thin APS, missed conditions, or deposit mistakes without guidance.
Legal Essentials and Paperwork
Agreement of Purchase and Sale
The APS is the contract. OREA Form 100 is the common resale template, but the blanks and Schedule A still have to match your deal. Price, deposit, irrevocable time, closing date, chattels, and conditions are where private sales go wrong.
Downloadable templates are a starting point, not a closing plan. Have a lawyer review before you accept. Read the Agreement of Purchase and Sale for the structure of the form, and chattels vs fixtures before you list inclusions.
Other documents to prepare
- Included and excluded chattels and fixtures.
- Known material defect disclosure.
- Tenant notices or status if the property is rented.
- Surveys, status certificates (condo), or other property-specific records buyers will ask for.
Role of the real estate lawyer
On a private sale the lawyer’s file looks a lot like a listed sale file: review or draft the offer, advise on legal risk, order title searches, deal with discharges, handle trust funds, and complete title transfer registration on closing.
Budget legal fees and the other seller closing costs the same way you would on a listed deal—commission may be lower or zero, but the legal bill and mortgage payout still exist.
Price, Prep, and Marketing Without an Agent
Pricing
Without an agent CMA, stay objective. Pull recent comparable sales, consider an appraisal, and price for your timeline. Overpricing a private listing with weak exposure is how FSBO deals stall.
Getting the home ready
- Deep clean and declutter.
- Fix obvious defects buyers will use in negotiations.
- Basic curb appeal and lighting for photos.
- Safety plan for showings (valuables, who is home, how keys are handled).
Flat-fee MLS and private channels
Some licensed brokerages sell a one-time MLS entry (often a few hundred dollars) so the property appears on REALTOR.ca without a full-service listing. Private channels—Kijiji, Facebook Marketplace, lawn signs, personal networks—still work for local off-market deals.
If a buyer arrives with an agent, decide in advance whether you will pay any cooperating commission. Put that decision in writing before negotiations get emotional.
Showings and Offers
For showings, be present or have a trusted person on site, secure valuables, and give visitors a simple feature sheet. For offers, read every condition, the deposit amount and where it is held, the closing date, and any chattel fights.
Deposits on Ontario resales are security for performance, not a cooling-off period—see real estate deposits in Ontario. Get legal eyes on an offer before you accept or counter, especially if financing, inspection, or sale-of-property conditions are stacked.
Selling privately is viable when the paperwork and closing are treated with the same seriousness as a listed deal. Save on commission if the market and your network support it—and keep a lawyer on the registration and trust work.
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Frequently Asked Questions (FAQ)
Can you legally sell a house privately in Ontario?
Yes. Ontario does not require a real estate agent. You still need a valid APS, proper disclosure, and a lawyer to complete title registration and closing funds.
What forms are required to sell privately in Ontario?
The core contract is the Agreement of Purchase and Sale (often OREA Form 100 on resale), plus schedules for conditions, chattels, and any tenancy or condo documents the deal needs.
Do I still need a real estate lawyer if selling on my own?
Yes, if you want the transfer registered and the money handled correctly. An agent is optional. The lawyer searches title, deals with the mortgage discharge, holds trust funds as required, and registers the transfer.
How do deposits work on a private sale?
The APS should say how much, when it is due, and who holds it in trust. Deposits are not a built-in cooling-off right. Walk from a firm deal and the deposit is often at risk.