Selling your Home
A REALTOR must disclose to you
in writing, who exactly they represent in any real estate deal. A REALTOR may
represent you as a buyer or a seller; he or she may also represent both buyer
and seller in the same transaction. Your listing REALTOR is, in law, your agent.
An agent owes his or her client the duties of utmost care, integrity,
confidentiality and loyalty. Make sure you discuss agency with your listing
REALTOR.
In some provinces, including
Quebec, notaries perform the same role in the real estate transaction as lawyers
do in other provinces. If you have any questions, check with a REALTOR.
The process of selling a home
with a REALTOR starts with the Listing Agreement. It's a contract between you
and the brokerage company that the agent represents. It is a framework for
subsequent forms and negotiations. It's important the agreement accurately
reflects your property details and clearly spells out the rights and obligations
of all parties. Both you and the listing agent sign the listing agreement and
each receive a copy. The agreement binds both parties to its terms and
conditions.
Generally, in the agreement you
appoint the brokerage company as your agent and give its representatives the
authority to find a purchaser. The duration of the agreement is indicated, and
the compensation is specified. The agreement also sets out the listing price,
and accurately describes the property you are selling. That will include the lot
size, building size, building style and materials, floor areas, heating/cooling
systems, room sizes and descriptions.
This is when you must also
decide what you are taking with you and what you are leaving with the house.
Generally, unless stated otherwise, fixtures remain with the property, while
chattels -- things which are movable -- aren't included in the sale. If
necessary, what stays and what goes are listed under "inclusions" or
"exclusions."
Finally, the Listing Agreement
also details the financial conditions of the property, including the mortgage
balance, mortgage monthly payments and the mortgage due date. It should also
provide information about annual property taxes; and references for any
easements, rights of way, liens or charges against the property.
One advantage of listing with a
REALTOR is that only a REALTOR is able to place your listing on the MLS®
or Multiple Listing Service ®, which is the co-operative listing
system operated by local real estate boards.
When your listing is placed on
the Multiple Listing Service®, the information about your property is
shared with all other REALTORS accessing MLS®, and all REALTORS have
the opportunity to sell your property. This type of cooperative effort will
result in the listing agent offering compensation to the selling agent. Your
property gains more exposure, because it reaches the majority of the real estate
professionals in your community.
There's another benefit of
dealing with a REALTOR. Through mls.ca, the national MLS®
Internet website, participating local real estate Boards can also advertise
listings to potential buyers across Canada and around the world.
One major issue for anyone
selling a property is how much to ask for. Although you may have an idea of how
much your house is worth, it's important to have your home valued by a
professional on its own merits. Be careful not to price yourself too high or too
low. If it's too high, there's no sale; too low and you lose on your investment.
A REALTOR has the research and
expertise to provide a market assessment of what similar properties in your area
have sold for. They can also provide information on market history, such as the
number of properties sold in your community the previous month or year.
A REALTOR also has a number of
marketing tools and options to promote your property. First is the mls.ca
web site, which attracts more than 600,000 unique visitors a month. It shows the
details of your home to local, regional or national buyers looking for a
property in your community.
Your REALTOR may also recommend
an Open House as a marketing strategy. There are two types: first is an agent's
open house, where sales representatives from the listing company will be invited
to view your house. If you have signed an MLS® agreement, other
REALTORS may also be invited. Remember, each of these REALTORS may have a
prospective buyer.
The second type of open house is
a public open house, where members of the public are invited to walk through
your home and have a look. It's an efficient way to show your home to many
potential buyers at once. The listing agent will act as host, answering any
questions.
You and your listing agent will
pick the time and date for an open house. In order to give the agent access to
your home, you may wish to keep a key at his or her office, or in a lockbox.
It's also a good idea to ensure that any valuables are put away in a safe
location, then leave while the open house is underway. If you do stay, be sure
to keep out of the way, and turn off any TVs or radios to let the agent and the
buyer talk in peace.
Needless to say, clean counts
with open houses. A general rule is that clean, uncluttered and well-lit spaces
look larger and more attractive. People will naturally want to buy a house that
is clean and well cared for.
Sometimes a home doesn't sell
right away. Avoid the urge to pull your home off the market... be persistent!
Generally, there are three reasons why a home may not sell as fast as others.
First is location; second is condition; third is the asking price.
Naturally, you can't change your
home's location, but you can fix the condition of your home and you can, of
course, adjust your price. Throughout the listing process, you need to be
constantly comparing your asking price against those of similar properties in
your area. It may be time to adjust the price of your home.
Review your selling strategy
regularly with your listing agent: Is your house being shown regularly? Are you
receiving the feedback from prospective buyers? Are you in touch with the
marketplace? Is your property competing well? If not, what else can you do?
Once a buyer is found, you'll be
receiving an offer that will detail how much, specify any conditions that may
apply or be attached by the buyer, say when the buyer would like to take
possession, and when the offer expires. As an act of good faith, the buyer will
make a deposit with the offer.
You don't have to accept the
offer as is. You may wish to make a counter offer that comes part-way to meeting
the offer's conditions. The counter offer is one more step along the way to
negotiating the final terms and conditions of the sale.
The offer, once signed by
everyone, is a binding contract. Make sure you understand and agree to all of
the terms in the document. You may want to have it reviewed by your lawyer
before signing.
Before closing, especially if
the buyer makes it a condition of sale, you may be asked to provide a current
survey, or a "real property report," showing the location of the house is on the
property owned by you and that there are no encroachments. You may also have to
prove that you have title to the property (the buyer's lawyer will check this
out when he or she conducts a title search to see if there are any liens on the
property, easements, rights of way or height restrictions). Especially in rural
areas, you may also be asked to provide a certificate for a well or septic
system, stating the system meets local standards.
The buyer may also make the
purchase conditional on an inspection by a qualified engineer or inspector.
Then on or before closing day,
lawyers representing you and the buyer will set up a trust account for the money
coming from the sale and will pay off any mortgages you owe on the property.
After these are paid, you will receive any money you have coming from the sale.
You must deliver the property deed or transfer documents, mortgage details and
keys to your lawyer. Your lawyer will register the mortgage discharge and
transfer the deed at closing,
Your lawyer should also ensure
that you receive compensation for prepaid expenses such as, property taxes,
electrical or gas bills, or if applicable, any heating oil left in your tank.
Some lenders will make it possible for your mortgage to be portable, so you can
take your mortgage with you when you move to your new home.
Here, your responsibilities
under the listing agreement end. You'll have paid your listing agent the
agreed-upon compensation. This can be done by your lawyer who can arrange the
payment from the proceeds of the sale.
(Note: The comments contained on
this site are for information purposes only and do not constitute legal advice.)