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Selling a Home
in British Columbia




        www.recbc.ca
The Real Estate Council of British Columbia
  protects the public interest by assuring the
    competency of real estate licensees and
ensuring their compliance with the Real Estate
Services Act. The Council is accountable to and
  advises government on industry issues and
 encourages public confidence by impartially
 setting and enforcing standards of conduct,
   education, competency, and licensing for
      real estate licensees in the province.
Buying a Home in British Columbia
 What is the Real Estate Council of British Columbia?                            3
 Introduction                                                                    3

 The Decision to Purchase
ContentsDo Structures
 What Choices
 Types of Housing
                  You Have?                                                      4
                                                                                 4
 Types of Housing Ownership                                                      5

 What CanHome in British Columbia
 Selling a You Afford?
 The Down-Payment
 What is the Real Estate Council of British Columbia?                           27
 The Borrowed Money                                                              8
 Introduction                                                                   2
 How Much Can You Afford to Pay in Mortgage Payments?                            8
 Working With a Real Estate Licensee
 The Closing Costs                                                              3
                                                                                10

 Where Should You Purchase?                                                     13
 Real Estate Licensees
 Real Estate Licensees
 Licensing Requirement                                                           4
 Licensing Requirement                                                          16
 Responsibilities of Seller’s and Buyer’s Licensees                             4
 Responsibilities of Seller’s and Buyer’s Licensees                             16
 Your Relationship with a a Real Estate Licensee
 Your Relationship With Real Estate Licensee                                    4
                                                                                16
 How DoaYou Choose a Licensee?a Real Estate Licensee
 Services Buyer Can Expect From                                                 7
                                                                                19
 What Will a Licensee Charge?                                                    7
 The Big Search!
 What Should You Look For?                                                      20
 Service Agreements
 Buyer Beware!                                                                  22
 Types of Listing Contracts
 What Other Questions Should You Ask?                                           8
                                                                                23
 Terms of the Listing
 Fixtures vs. Chattels Contract                                                 9
                                                                                25
 Before You Sign the Listing Contract                                           10
 Making an Offer
 Responsibilities of the Contain?
 What Should the Offer Seller                                                   10
                                                                                28
 Obligation to Disclose Defects
 What are the Seller’s Options?                                                 11
                                                                                29
 What are the Buyer’s Options?                                                  30
 More About “Subject” Clauses
 Offers to Purchase                                                             30
 What Need to Know Info
 More Should the Offer Contain?                                                 12
 More About Deposits
 What Are Your Options?                                                         32
                                                                                13
 More About Financing                                                           32
 You Have Four Options                                                          13
 What is a Mortgage?                                                            33
 More Types of MortgageClauses There?
 What About “Subject” Loans Are                                                 14
                                                                                33
 Financing...From the Seller’s Perspective
 What is an Amortization Period?                                                15
                                                                                33
 What is a Term?                                                                34
 Seller Beware! Purchase
 Completing Your                                                                17
 Do You Need Legal Assistance to Complete the Purchase?                         35
 Complaints About Sale
 Completing the a Licensee                                                      36
 Do You Need a Lawyer or Notary Public
 Although the Real Estate Council of British Columbia believes that the
    to Complete the Sale?                                                        18
 information contained in this booklet is reliable, this cannot be assured. The Real
 What Costs Can You Expect?                                                      19
 Estate Council assumes no liability for any errors in the material or any reliance
 placed therein. Professional advisors should be consulted before acting upon 20
 Complaints About a Licensee                                                     the
 information contained herein.


 Although the Real Estate Council of British Columbia believes that the
 information contained in this booklet is reliable, this cannot be assured. The Real
 Estate Council assumes no liability for any errors in the material or any reliance
 placed therein. Professional advisors should be consulted before acting upon the
 information contained herein.
Buying a Home
                                   Selling a
                                   Heading Home
                                in British Columbia
                                   in British Columbia
                                   Here


                                What is the Real Estate Council
                                of British Columbia?
                                The Real Estate Council of British Columbia is a regulatory
                                agency established by the provincial government. Its mandate
                                is to protect the public interest by enforcing the licensing and
                                licensee conduct requirements of the Real Estate Services
                                Act. The Council is responsible for licensing individuals and
                                brokerages engaged in real estate sales, rental and strata
                                property management. The Council also enforces entry
                                qualifications, investigates complaints against licensees and
                                imposes disciplinary sanctions under the Act.


                                Introduction
                                Selling or buying a home is the largest transaction most of us
                                ever become involved in. Yet people sometimes take less time
                                over it than they do when buying a new car. That’s because
                                it’s unfamiliar territory to many of us. We don’t all understand
                                the process. We don’t know what questions to ask. We may
                                take things for granted, rely on others when we shouldn’t,
                                and sometimes we later wish we had known more about the
                                process involved.

                                The Real Estate Council feels it is important that you understand
                                the procedures and documents you will encounter during the
                                sale of your home, as well as the role of other people who may
                                be involved in the transaction. Selling a home is a major event.
                                This booklet will help you to better understand the process.




2   Real Estate Council of British Columbia
Working with a Real Estate Licensee
You can sell your own home without the services of a real
estate licensee, but selling a home is a complex process.

 What is the best possible price?
 Where do you find a buyer?
 What facts must you disclose?
 What paperwork is required?
 Will the contract be legal and binding?
 How is ownership transferred?                                            Selling or
 What about the existing mortgage?
 Can the buyer qualify for a mortgage?                                buying a home
 Who ensures you will get your money?
                                                                       is the largest
To answer these questions and assist with many other situations         transaction
which may arise, you might wish to employ a licensed real
estate professional to act as your agent.                                most of us
                                                                       ever become
                                                                         involved in




                                                         Selling a Home in British Columbia   3
Real Estate
                                         Licensees


                                Licensing Requirement
                                It is important to understand that in British Columbia, the
                                person you hire to assist you to sell your home must be licensed
                                under the provincial Real Estate Services Act.


                                Responsibilities of Seller’s
                                and Buyer’s Licensees
                                In every real estate transaction there is a seller and a buyer. A
                                real estate licensee may be employed as an agent for the seller,
                                as an agent for the buyer, or both. Early in the first meeting
                                with a real estate licensee, the licensee should provide you
                                with full disclosure about the nature of his or her relationship
                                with you, as a seller, and any relationship he or she may have
                                with a buyer. The licensee is required by law to provide this
                                information and explain its implications to you.


                                Your Relationship With a
                                Real Estate Licensee
                                Real estate licensees work within a legal relationship called
                                agency.* The agency relationship exists between you, the
                                principal, and the brokerage, the company under which
                                your real estate licensee is licensed. The essence of the
                                agency relationship is that the brokerage has the authority to
                                represent the principal in dealings with others. Your real estate
                                licensee acts as the brokerage’s representative in performing
                                the agency obligations.

                                *Agency descriptions have been adapted from the Working With a REAltoR®
                                brochure and used with kind permission from the British Columbia Real
                                Estate Association.




4   Real Estate Council of British Columbia
One Brokerage Acts for the Buyer
and One Brokerage Acts for the Seller
When a seller engages a real estate licensee to help sell his or
her home, the related brokerage and the licensee become the
agent of the seller. A buyer may also select a licensee to act as
his or her agent. As a seller, you become the principal and the
licensee becomes your agent.

Brokerages and their licensees are legally obligated to protect
and promote the interests of their principals as they would
their own. Specifically, the brokerage and the licensee have
the following duties:

1. Undivided loyalty. The brokerage must protect the principal’s
   negotiating position at all times and disclose all known facts
   which may affect or influence the principal’s decision.

2. To obey all lawful instructions of the principal.

3. An obligation to keep the confidences of the principal.

4. The exercise of reasonable care and skill in performing all
   assigned duties.

5. To account for all money and property placed in a
   brokerage’s hands while acting for the principal.

You can expect competent service from your brokerage,
knowing that the company is bound by ethics and the law to
be honest and thorough in representing your interests. Both
the buyer and the seller may be represented by their own
brokerages in a single transaction.

Dual Agency
Dual agency occurs when a brokerage is representing both the
buyer and the seller in the same transaction, either through
the same licensee or through two different licensees engaged
by the same brokerage. Since the brokerage has promised
a duty of confidentiality, loyalty and full disclosure to both
parties simultaneously—a duty it cannot satisfy if acting as an
agent for both parties—it is necessary to limit these duties in
this situation, if both parties consent.




                                                           Selling a Home in British Columbia   5
If you find yourself involved in a transaction where the same
                                brokerage is working with both the seller and the buyer,
                                before making or receiving an offer, both you and the other
                                party will be asked to consent, in writing, to this new limited
                                agency relationship.

                                This relationship involves the following limitations:

                                1. The brokerage will deal with the buyer and the seller
                                   impartially.

                                2. The brokerage will have a duty of disclosure to both the
                                   buyer and the seller except that:

                                    a. The brokerage will not disclose that the buyer is willing
                                       to pay a price or agree to terms other than those
                                       contained in the offer, or that the seller is willing to
                                       accept a price or terms other than those contained in
                                       the listing.

                                    b. The brokerage will not disclose the motivation of the
                                       buyer to buy or the seller to sell unless authorized by
                                       the buyer or the seller.

                                    c. The brokerage will not disclose the personal information
                                       about either the buyer or the seller unless authorized
                                       in writing.

                                3. The brokerage will disclose to the buyer defects about the
                                   physical condition of the home known to the brokerage.

                                You should not provide a licensee who is not your agent with
                                any information that you would not provide directly to his or
                                her principal.




6   Real Estate Council of British Columbia
How Do You Choose a Licensee?
There are many ways to find a real estate licensee with a
reputation for excellence. Word-of-mouth is one good source.
Ask friends, neighbours and fellow employees who have
recently bought or sold a home to recommend their choice
of a licensee. You might meet a licensee you like at an open
house who is showing one of the properties for sale in your
neighbourhood. Or, you could contact several local real estate
brokerages to inquire if they have a licensee who specializes in
selling homes similar to yours. The internet is also a good way
to locate licensees who specialize in properties and regions that
may be of interest to you. Make appointments with licensees
to discuss their range of services, background, knowledge,
and fees or commission rates. After these interviews, choose              Choose the
the licensee who seems best able to render the services and
produce the results you are seeking.
                                                                         licensee who
                                                                           seems best
What Will a Licensee Charge?                                             able to render
In general, licensees work on a commission basis and receive              the services
payment only after the successful completion of a sale. As
the seller, you will be asked to agree to pay this commission             and produce
as a fee for the licensee’s services. The commission is usually
stated as a percentage of the total sale price or as a fixed               the results
dollar amount. Note that HST is applicable to commissions.
The commission rate is neither fixed by law nor by any real
                                                                             you are
estate board; it is negotiable between you and the licensee                  seeking
you engage to help you. The seller’s brokerage traditionally
shares this commission/fee with the brokerage working for
the buyer.




                                                           Selling a Home in British Columbia   7
Service
                                         Agreements


                                Once you have selected a licensee to work with, that licensee
                                will use market research, along with his or her knowledge
                                and expertise, to assist you in setting the best possible listing
                                price for your home. However, you must keep in mind that the
                                price you set must be attractive to potential buyers under the
                                current market conditions.

                                Before finalizing the asking price (sometimes referred to as
                                the list price), you may wish to ask your selected licensee to
                                prepare an estimate of the net cash proceeds you will receive
                                on completion of the sale, based on the suggested asking
                                price and the financing arrangements currently in place. After
                                an asking price has been established, you will be asked to
                                sign a service agreement. This service agreement is typically
                                referred to as a listing contract.


                                Types of Listing Contracts
                                In British Columbia, the two most common types of listing
                                contracts are:

                                  the Exclusive Listing
                                  the Multiple Listing

                                Each type of listing lasts only for the time period which is
                                specified in the agreement. Be sure to take note of what this
                                time period is. An Exclusive Listing gives the seller’s brokerage
                                the sole right to sell the home. This means that even if you sell
                                the home to a prospect of your own during the term of the
                                listing, you must pay the agreed commission to the seller’s
                                brokerage unless that prospect was specifically excluded on
                                the listing agreement.

                                You should also be aware that even after the exclusive listing
                                expires, you may be obligated to pay the seller’s brokerage a



8   Real Estate Council of British Columbia
commission if you sell your home to a person who purchases
because of the licensee’s actions during the time of the listing.

A Multiple Listing is a form of exclusive listing which differs
from the previous example only in that the seller’s brokerage
agrees to register your home in a Multiple Listing Service
(MLS®) so that its availability is made known to all real estate
licensees who are members of the local real estate board.

In this case, the seller’s brokerage agrees to share a specified
amount of the commission with any other member of the real
estate board who is able to find a buyer for your home.

Discuss your objectives with your licensee before deciding
which type of Listing Contract will best suit your needs.


Terms of the Listing Contract
The Listing Contract legally defines your arrangement with
the brokerage and, in accordance with the Real Estate Council
Rules, it must contain:

  your name and the name of the brokerage that you have
  chosen to work with;
  the address of the property you are selling;
  the effective date of the agreement;
  the date the agreement expires;
  a general description of services to be provided by the
  brokerage;
  the remuneration to be paid under the agreement and the
  circumstances in which it will be payable;
  a provision respecting the use and disclosure of personal
  information.


In addition to the Listing Contract, the licensee may ask for
additional information to assist in the marketing of your home,
including:

  the existing financial arrangements and whether this
  financing can be assumed by a new owner;
  a list of items attached to the building (normally called
  fixtures) which are not to be included in the sale; for example,
  a fireplace insert or a crystal chandelier; and
  the date on which you can give possession of the home to a
  new owner.


                                                            Selling a Home in British Columbia   9
Before You Sign the Listing
                                 Contract, Ensure That:
                                   all the spaces have been completed to your satisfaction, and
                                   you have a thorough understanding of all of the terms it
                                   contains, especially the list price, the commission rate, and
                                   the length of the contract.

                                 The licensee will provide you with a copy of this contract which
                                 you should keep for future reference.
   When you
     retain a                    Remember: Be aware that the Listing Contract is a contract.
                                 You cannot simply back out of the contract without the
 licensee, you                   consent of your licensee. If your licensee says that you can
                                 cancel the listing agreement at any time, ensure that you get
are responsible                  this in writing.

 for providing
                                 Responsibilities of the Seller
   him or her
                                 When you employ a licensee, you are responsible for providing
 with accurate                   him or her with accurate information concerning your home;
  information                    for example, its age, the current financing arrangements,
                                 the condition of the roof and hot water heater, the property
   concerning                    taxes, etc. The licensee will also need your assistance and/or
                                 authorization to gather information about such things as the
   your home                     ownership details, the outstanding balance owing on the
                                 mortgage, the home’s assessed value, and the current zoning
                                 of the property.

                                 For strata titled properties, licensees will want your assistance
                                 to gather and provide information, including minutes of
                                 all strata meetings in the last two years, current financial
                                 statements, registered bylaws, current rules, building
                                 inspection or engineer’s reports, Information Certificate
                                 (Form B prescribed under the Strata Property Act), as well as
                                 information pertaining to the nature of how parking stalls and
                                 storage lockers are designated, whether a special assessment
                                 is being proposed, and any other documentation relevant to
                                 the strata property.




 10   Real Estate Council of British Columbia
Obligation to Disclose Defects
Sellers must disclose known material latent defects about their
property to a buyer. A material latent defect means a defect
that cannot be discerned through a reasonable inspection of
the property, including a defect that renders the real estate:

  dangerous or potentially dangerous to the occupants;
  unfit for habitation; or
  unfit for the purpose for which the buyer is acquiring it,
  if the buyer has made this purpose known to the seller.

Material latent defects may also include:
 a defect that would involve great expense to remedy;
 a circumstance that affects the real estate in respect of
 which a local government or other local authority has given
 a notice to the seller, indicating that the circumstance must
 or should be remedied; or
 a lack of appropriate municipal building and other permits
 respecting the real estate.

Common examples of material latent defects could include the
fact that the basement leaks when it rains, structural damage
to the property, failure of the building’s envelope (water
ingress), underground storage tanks located on the property,
problems with the potability/quantity of drinking water and
any unremediated damage caused by the illegal use of the
property, e.g. marijuana grow operation.

New installations or renovations of electrical or gas systems
completed without appropriate permits and inspections may
also be considered examples of material latent defects. For
information on what type of work in a home requires gas and
electric permits, please contact the BC Safety Authority at
1-866-566-7233 or visit www.safetyauthority.ca.

Failure to disclose material latent defects could result in future
problems, including legal issues if the new owner discovers
problems that you were aware of and did not disclose.




                                                           Selling a Home in British Columbia   11
Offers
                                        to Purchase


                                Once an interested buyer has been found, a written offer to
                                purchase your home will be prepared. This offer is usually
                                recorded on a standard form entitled Contract of Purchase
                                and Sale.

                                Your licensee will explain to you the process of receiving and
                                reviewing offers. Do not be surprised if you are presented with
                                offers which differ dramatically from your listed asking price;
                                your licensee is under an obligation to bring all written offers
                                to you for your consideration. If several offers are brought to
                                you at once, you are under no obligation to accept any one
                                offer over another.


                                What Should the Offer Contain?
                                All offers to purchase your home will contain a number of
                                important details which you must consider.

                                The offer should include:

                                  date of the offer
                                  full legal names and addresses of both the buyer and the
                                  seller
                                  full legal description of the home
                                  amount of the deposit
                                  sale price
                                  amount of the cash down-payment and details as to how
                                  the remainder of the purchase price will be financed
                                  date for completion of the sale
                                  date for possession of the home
                                  a list of the conditions which must be fulfilled before the sale
                                  can take place (normally called subject clauses or conditions
                                  precedent)




12   Real Estate Council of British Columbia
a list of items which are not attached to the building
 (normally called chattels) but which are to be included in the
 sale price; for example, drapes, refrigerator, stove, etc.
 date and time at which the offer expires
 the signature of the buyer and his or her occupation.


What Are Your Options?
When you receive one or more offers to purchase your home,
it is in your own best interest to give considerable time and
attention to reviewing each offer carefully. Your licensee will
assist you to understand the terms and conditions contained
in the offer, and will provide you with any advice you request,
but ultimately the decision is yours.
                                                                            Be sure
Before you decide, you may wish to have your licensee prepare
                                                                           you know
a revised estimate of the net cash proceeds you will receive on           the precise
completion of the sale, based on the sale price and financing
arrangements stated in the offer.                                        meaning of
                                                                           each term
You Have Four Options:
                                                                         in the offer
Accept an Offer Exactly as it Stands
If you decide that you would like to accept an offer, be sure
                                                                         to purchase
you know the precise meaning of each term in the written
offer before you sign the document.

Once you, the seller, sign a Contract of Purchase and Sale
agreeing to its terms, and your acceptance has been conveyed
to the buyer, it becomes a legally binding contract.

Legally binding means both you and the buyer will be bound
by the terms of the contract and must perform your respective
obligations as stated. Your performance can be enforced in a
court of law.

If you are uncertain about any of the clauses contained in the
offer, you may wish to consult a lawyer before signing the
contract; however, keep the expiry date of the offer in mind if
you decide to postpone acceptance!




                                                        Selling a Home in British Columbia   13
Make a Counter-Offer
                                If you change anything at all in the original offer, you are
                                considered to have rejected that offer and to be making a new
                                offer from you to the buyer. This new offer is usually referred
                                to as a “counter-offer.”

                                The risk in making a counter-offer is that if the buyer has
                                changed his or her mind and rejects the counter-offer, you do
                                not have the option to return to the original offer and accept it.

                                But, the buyer may decide to make another counter-offer back
                                to you and the process of counter-offers could continue until
                                an agreement is reached.

                                If, after making a written counter-offer, you decide you don’t
                                want to sell the home, it may be possible to revoke the counter-
                                offer. Many legal problems can result from the revocation of
                                a counter-offer, so you should seek professional advice about
                                the correct procedure to follow.

                                Reject the Offer
                                You are under no obligation to accept any offer or to make
                                a counter-offer. If, however, you reject an offer that exactly
                                meets all the terms you agreed to in the Listing Contract,
                                which you signed with your listing brokerage, you could be
                                legally obligated to pay the commission.

                                Ignore the Offer
                                You are under no obligation to acknowledge receipt of any
                                offer. If, however, you ignore an offer that exactly meets all the
                                terms you agreed to in the Listing Contract, which you signed
                                with your listing brokerage, you could be legally obligated to
                                pay the commission.



                                More About “Subject” Clauses
                                The purpose of a subject clause contained in an offer to
                                purchase is to set out a specific condition that must be fulfilled
                                before the sale can go through.

                                One common subject clause you might encounter is one in
                                which the buyers make the sale conditional upon their finding
                                the exact amount and type of financing which will enable
                                them to purchase your home.



14   Real Estate Council of British Columbia
Another common clause is one in which the buyers make the
purchase conditional upon a satisfactory home inspection.

Remember that, if you accept an offer which contains a subject
clause, you are effectively taking your home off the market for
the period in which the buyers are attempting to meet the
condition they have set. Therefore, you should ensure that an
agreed upon time for the condition to be met is specified in
the offer to purchase.

If one of the conditions contained in a subject clause cannot
be met after every reasonable effort has been made to do so,
the contract ends and there is no legal obligation to complete
the purchase or sale.

As a seller, you may wish to accept an offer containing a subject
clause (e.g. subject to the buyers selling their own home) yet
still leave yourself free to consider other offers, just in case
the buyers are unable to remove the condition. You can do
this by having the buyer agree to inserting a time clause in the
contract. A time clause will permit you to require the buyer
to remove all subject conditions within a short, specified time
period if you receive another offer that you would like to
accept. If the buyer does not remove the conditions within
that time, the conditional contract comes to an end and you
are free to accept the second offer.

When selling a strata property, a common clause you might                Having to pay
encounter is one in which the buyer makes the counter-offer
conditional upon his or her review and approval of all pertinent
                                                                          an interest
strata documentation, such as registered bylaws, current rules,           penalty will
strata meeting minutes, financial statements, strata plan,
Form B, engineer’s reports, etc.                                          reduce the
                                                                         price you will
Financing...From the                                                      receive for
Seller’s Perspective                                                      your home
An offer to purchase will contain information about how the
buyer intends to finance his or her purchase.

Existing Financing
If you currently have a mortgage loan on your home, you may
be faced with one of two situations:



                                                          Selling a Home in British Columbia   15
The Buyer Wants to Pay Cash and Has no Mortgage
                                This situation will require you to pay out your existing mortgage
                                and there may be an interest penalty for doing this. Remember
                                that having to pay an interest penalty effectively reduces the
                                price you will be receiving for your home.

                                The Buyer Offers to Assume, or Take Over,
                                Your Remaining Mortgage Loan
                                In this situation, before agreeing to allow the buyer to assume
                                your mortgage loan, you should ensure that your mortgage
                                lender will release you from any future obligation to repay the
                                monies owing (if the buyer defaults).

                                Contact the financial institution which holds your mortgage to
                                obtain information about your position in each of the above
                                situations. It is a good idea to do this well in advance of signing
                                a Listing Agreement so you will be able to give your licensee
                                accurate information.

                                Financing by the Seller
                                If you have no existing mortgage, an offer to pay all cash is
                                ideal and, of course, would be your preference.

                                But the buyer’s offer might state that part of the purchase
                                price is to be paid in cash and part is to be paid in payments
                                over a specified period of time at a specified interest rate. In
                                effect, the buyer would be asking you to become the lender.

                                If you are considering an offer containing a request for
                                “seller financing” (sometimes referred to as a seller take-back
                                mortgage), you should first seek legal advice in order that
                                you fully understand the implications of this type of financing
                                arrangement.




16   Real Estate Council of British Columbia
Seller
Beware!


If it is possible, as some suggest, for people to quickly become
very wealthy by dealing in real estate, then, unfortunately,
people on the opposite side of the same transaction may, just
as quickly, lose some of what they have invested. Those who
may stand to lose are sellers who agree to be a party to buyers’
financing arrangements in which the sellers assume risks.

Essentially, there is nothing wrong with most innovative or
creative financing if all parties are fully aware of the potential
risks and fully understand the possible consequences of such
risks. However, the fact is that many owners (sellers) are not
aware of the potential disasters which may occur.

It is strongly recommended that you secure competent advice
from a real estate licensee or legal counsel before finalizing
any real estate contract. This recommendation is much more
urgent when the offer you are considering includes terms
which could jeopardize you financially.

Be wary of offers which require any of the following:

  no cash paid as a down-payment
  an amount of cash being returned to the buyer
  your equity participation
  a promissory note without a registered mortgage
  an agreement to withhold registering a mortgage
  the seller (you) to secure a new loan before closing
  terms said to be included, but which are not written
  in the offer
  concealing information from a lending institution




                                                           Selling a Home in British Columbia   17
Completing
                                         The Sale


                                 The Contract of Purchase and Sale, which you signed, will
                                 state the completion day for the transaction. On that day,
                                 legal ownership will transfer from you to the new owner in
                                 exchange for the purchase price of the home.


                                 Do You Need a Lawyer or Notary
                                 Public to Complete the Sale?
       Your                      While it is the normal practice for the buyer’s lawyer or notary
                                 to prepare the documents necessary to transfer the legal
      home                       ownership, it is recommended that you, as the seller, engage
                                 legal counsel to act solely on your behalf. Among other things,
     is sold!                    he or she will protect your interests by:

                                   checking the documents prepared by the buyer’s lawyer
                                   and explaining them to you
                                   ensuring that your old mortgage has been properly
                                   discharged, if this is required
                                   ensuring that you have no further obligation regarding your
                                   old mortgage if it is being assumed by the buyer
                                   confirming that all payments for which you are responsible
                                   have been made
                                   arranging for you to sign the transfer documents
                                   preparing a statement for you outlining where all the
                                   purchase money was disbursed and giving you the net
                                   proceeds of the sale.




18    Real Estate Council of British Columbia
What Costs Can You Expect?
 the commission you agreed to pay your brokerage
 the legal fees to discharge any existing mortgage whether or
 not you engage your own lawyer
 the Harmonized Sales Tax on the real estate commission and
 on your legal fees
 any prepayment penalty levied by the financial institution for
 early pay-out of an existing mortgage
 your share of the property taxes for the year if the current
 year’s taxes have not yet been paid, plus any penalties due
 for late payment of unpaid taxes

The day has arrived!! You have signed the documents, packed
your boxes, received your money and turned over your keys.
Your home is sold!




                                                        Selling a Home in British Columbia   19
Complaints About a Licensee
                                If a concern develops for a consumer as a result of real estate
                                services provided by a licensee, the following steps should be
                                considered:

                                  Discuss the concern with the licensee.

                                  If the matter is still not resolved, discuss the concern with the
                                  managing broker in charge of the brokerage. Most concerns
                                  are settled by these two means.

                                  If the licensee is also a member of a local real estate board,
                                  it may be approached. The board may be able to assist to
                                  informally resolve the concern. Real estate boards sometimes
                                  investigate conduct that may be in violation of their Code
                                  of Ethics and Standards of Business Practice. These boards
                                  will refer all matters to the Council where it appears that
                                  the Real Estate Services Act, Regulation or Rules have been
                                  contravened. Please visit www.bcrea.bc.ca for names and
                                  addresses of local boards.

                                  If satisfaction is still not forthcoming, the concern should be
                                  referred to the Real Estate Council at 604-683-9664, toll-
                                  free in British Columbia 1-877-683-9664 or on the internet
                                  at www.recbc.ca.

                                The Real Estate Council can investigate any complaint about
                                the conduct of a real estate licensee in his or her handling
                                of your real estate transaction. The Council is authorized to
                                discipline a licensee found guilty of professional misconduct.
                                It should be noted, however, that the Council does not have
                                the authority to require a licensee to perform under the terms
                                of a contract, nor does the Council have any jurisdiction over
                                buyers who have not performed under the contract. The
                                Council cannot award damages to a complainant from a
                                licensee. Those matters may require legal action.




20   Real Estate Council of British Columbia
Selling a Home in British Columbia   21
www.recbc.ca




               Rev.10/2010

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Real estate council of bc guide to selling

  • 1. Selling a Home in British Columbia www.recbc.ca
  • 2. The Real Estate Council of British Columbia protects the public interest by assuring the competency of real estate licensees and ensuring their compliance with the Real Estate Services Act. The Council is accountable to and advises government on industry issues and encourages public confidence by impartially setting and enforcing standards of conduct, education, competency, and licensing for real estate licensees in the province.
  • 3. Buying a Home in British Columbia What is the Real Estate Council of British Columbia? 3 Introduction 3 The Decision to Purchase ContentsDo Structures What Choices Types of Housing You Have? 4 4 Types of Housing Ownership 5 What CanHome in British Columbia Selling a You Afford? The Down-Payment What is the Real Estate Council of British Columbia? 27 The Borrowed Money 8 Introduction 2 How Much Can You Afford to Pay in Mortgage Payments? 8 Working With a Real Estate Licensee The Closing Costs 3 10 Where Should You Purchase? 13 Real Estate Licensees Real Estate Licensees Licensing Requirement 4 Licensing Requirement 16 Responsibilities of Seller’s and Buyer’s Licensees 4 Responsibilities of Seller’s and Buyer’s Licensees 16 Your Relationship with a a Real Estate Licensee Your Relationship With Real Estate Licensee 4 16 How DoaYou Choose a Licensee?a Real Estate Licensee Services Buyer Can Expect From 7 19 What Will a Licensee Charge? 7 The Big Search! What Should You Look For? 20 Service Agreements Buyer Beware! 22 Types of Listing Contracts What Other Questions Should You Ask? 8 23 Terms of the Listing Fixtures vs. Chattels Contract 9 25 Before You Sign the Listing Contract 10 Making an Offer Responsibilities of the Contain? What Should the Offer Seller 10 28 Obligation to Disclose Defects What are the Seller’s Options? 11 29 What are the Buyer’s Options? 30 More About “Subject” Clauses Offers to Purchase 30 What Need to Know Info More Should the Offer Contain? 12 More About Deposits What Are Your Options? 32 13 More About Financing 32 You Have Four Options 13 What is a Mortgage? 33 More Types of MortgageClauses There? What About “Subject” Loans Are 14 33 Financing...From the Seller’s Perspective What is an Amortization Period? 15 33 What is a Term? 34 Seller Beware! Purchase Completing Your 17 Do You Need Legal Assistance to Complete the Purchase? 35 Complaints About Sale Completing the a Licensee 36 Do You Need a Lawyer or Notary Public Although the Real Estate Council of British Columbia believes that the to Complete the Sale? 18 information contained in this booklet is reliable, this cannot be assured. The Real What Costs Can You Expect? 19 Estate Council assumes no liability for any errors in the material or any reliance placed therein. Professional advisors should be consulted before acting upon 20 Complaints About a Licensee the information contained herein. Although the Real Estate Council of British Columbia believes that the information contained in this booklet is reliable, this cannot be assured. The Real Estate Council assumes no liability for any errors in the material or any reliance placed therein. Professional advisors should be consulted before acting upon the information contained herein.
  • 4. Buying a Home Selling a Heading Home in British Columbia in British Columbia Here What is the Real Estate Council of British Columbia? The Real Estate Council of British Columbia is a regulatory agency established by the provincial government. Its mandate is to protect the public interest by enforcing the licensing and licensee conduct requirements of the Real Estate Services Act. The Council is responsible for licensing individuals and brokerages engaged in real estate sales, rental and strata property management. The Council also enforces entry qualifications, investigates complaints against licensees and imposes disciplinary sanctions under the Act. Introduction Selling or buying a home is the largest transaction most of us ever become involved in. Yet people sometimes take less time over it than they do when buying a new car. That’s because it’s unfamiliar territory to many of us. We don’t all understand the process. We don’t know what questions to ask. We may take things for granted, rely on others when we shouldn’t, and sometimes we later wish we had known more about the process involved. The Real Estate Council feels it is important that you understand the procedures and documents you will encounter during the sale of your home, as well as the role of other people who may be involved in the transaction. Selling a home is a major event. This booklet will help you to better understand the process. 2 Real Estate Council of British Columbia
  • 5. Working with a Real Estate Licensee You can sell your own home without the services of a real estate licensee, but selling a home is a complex process. What is the best possible price? Where do you find a buyer? What facts must you disclose? What paperwork is required? Will the contract be legal and binding? How is ownership transferred? Selling or What about the existing mortgage? Can the buyer qualify for a mortgage? buying a home Who ensures you will get your money? is the largest To answer these questions and assist with many other situations transaction which may arise, you might wish to employ a licensed real estate professional to act as your agent. most of us ever become involved in Selling a Home in British Columbia 3
  • 6. Real Estate Licensees Licensing Requirement It is important to understand that in British Columbia, the person you hire to assist you to sell your home must be licensed under the provincial Real Estate Services Act. Responsibilities of Seller’s and Buyer’s Licensees In every real estate transaction there is a seller and a buyer. A real estate licensee may be employed as an agent for the seller, as an agent for the buyer, or both. Early in the first meeting with a real estate licensee, the licensee should provide you with full disclosure about the nature of his or her relationship with you, as a seller, and any relationship he or she may have with a buyer. The licensee is required by law to provide this information and explain its implications to you. Your Relationship With a Real Estate Licensee Real estate licensees work within a legal relationship called agency.* The agency relationship exists between you, the principal, and the brokerage, the company under which your real estate licensee is licensed. The essence of the agency relationship is that the brokerage has the authority to represent the principal in dealings with others. Your real estate licensee acts as the brokerage’s representative in performing the agency obligations. *Agency descriptions have been adapted from the Working With a REAltoR® brochure and used with kind permission from the British Columbia Real Estate Association. 4 Real Estate Council of British Columbia
  • 7. One Brokerage Acts for the Buyer and One Brokerage Acts for the Seller When a seller engages a real estate licensee to help sell his or her home, the related brokerage and the licensee become the agent of the seller. A buyer may also select a licensee to act as his or her agent. As a seller, you become the principal and the licensee becomes your agent. Brokerages and their licensees are legally obligated to protect and promote the interests of their principals as they would their own. Specifically, the brokerage and the licensee have the following duties: 1. Undivided loyalty. The brokerage must protect the principal’s negotiating position at all times and disclose all known facts which may affect or influence the principal’s decision. 2. To obey all lawful instructions of the principal. 3. An obligation to keep the confidences of the principal. 4. The exercise of reasonable care and skill in performing all assigned duties. 5. To account for all money and property placed in a brokerage’s hands while acting for the principal. You can expect competent service from your brokerage, knowing that the company is bound by ethics and the law to be honest and thorough in representing your interests. Both the buyer and the seller may be represented by their own brokerages in a single transaction. Dual Agency Dual agency occurs when a brokerage is representing both the buyer and the seller in the same transaction, either through the same licensee or through two different licensees engaged by the same brokerage. Since the brokerage has promised a duty of confidentiality, loyalty and full disclosure to both parties simultaneously—a duty it cannot satisfy if acting as an agent for both parties—it is necessary to limit these duties in this situation, if both parties consent. Selling a Home in British Columbia 5
  • 8. If you find yourself involved in a transaction where the same brokerage is working with both the seller and the buyer, before making or receiving an offer, both you and the other party will be asked to consent, in writing, to this new limited agency relationship. This relationship involves the following limitations: 1. The brokerage will deal with the buyer and the seller impartially. 2. The brokerage will have a duty of disclosure to both the buyer and the seller except that: a. The brokerage will not disclose that the buyer is willing to pay a price or agree to terms other than those contained in the offer, or that the seller is willing to accept a price or terms other than those contained in the listing. b. The brokerage will not disclose the motivation of the buyer to buy or the seller to sell unless authorized by the buyer or the seller. c. The brokerage will not disclose the personal information about either the buyer or the seller unless authorized in writing. 3. The brokerage will disclose to the buyer defects about the physical condition of the home known to the brokerage. You should not provide a licensee who is not your agent with any information that you would not provide directly to his or her principal. 6 Real Estate Council of British Columbia
  • 9. How Do You Choose a Licensee? There are many ways to find a real estate licensee with a reputation for excellence. Word-of-mouth is one good source. Ask friends, neighbours and fellow employees who have recently bought or sold a home to recommend their choice of a licensee. You might meet a licensee you like at an open house who is showing one of the properties for sale in your neighbourhood. Or, you could contact several local real estate brokerages to inquire if they have a licensee who specializes in selling homes similar to yours. The internet is also a good way to locate licensees who specialize in properties and regions that may be of interest to you. Make appointments with licensees to discuss their range of services, background, knowledge, and fees or commission rates. After these interviews, choose Choose the the licensee who seems best able to render the services and produce the results you are seeking. licensee who seems best What Will a Licensee Charge? able to render In general, licensees work on a commission basis and receive the services payment only after the successful completion of a sale. As the seller, you will be asked to agree to pay this commission and produce as a fee for the licensee’s services. The commission is usually stated as a percentage of the total sale price or as a fixed the results dollar amount. Note that HST is applicable to commissions. The commission rate is neither fixed by law nor by any real you are estate board; it is negotiable between you and the licensee seeking you engage to help you. The seller’s brokerage traditionally shares this commission/fee with the brokerage working for the buyer. Selling a Home in British Columbia 7
  • 10. Service Agreements Once you have selected a licensee to work with, that licensee will use market research, along with his or her knowledge and expertise, to assist you in setting the best possible listing price for your home. However, you must keep in mind that the price you set must be attractive to potential buyers under the current market conditions. Before finalizing the asking price (sometimes referred to as the list price), you may wish to ask your selected licensee to prepare an estimate of the net cash proceeds you will receive on completion of the sale, based on the suggested asking price and the financing arrangements currently in place. After an asking price has been established, you will be asked to sign a service agreement. This service agreement is typically referred to as a listing contract. Types of Listing Contracts In British Columbia, the two most common types of listing contracts are: the Exclusive Listing the Multiple Listing Each type of listing lasts only for the time period which is specified in the agreement. Be sure to take note of what this time period is. An Exclusive Listing gives the seller’s brokerage the sole right to sell the home. This means that even if you sell the home to a prospect of your own during the term of the listing, you must pay the agreed commission to the seller’s brokerage unless that prospect was specifically excluded on the listing agreement. You should also be aware that even after the exclusive listing expires, you may be obligated to pay the seller’s brokerage a 8 Real Estate Council of British Columbia
  • 11. commission if you sell your home to a person who purchases because of the licensee’s actions during the time of the listing. A Multiple Listing is a form of exclusive listing which differs from the previous example only in that the seller’s brokerage agrees to register your home in a Multiple Listing Service (MLS®) so that its availability is made known to all real estate licensees who are members of the local real estate board. In this case, the seller’s brokerage agrees to share a specified amount of the commission with any other member of the real estate board who is able to find a buyer for your home. Discuss your objectives with your licensee before deciding which type of Listing Contract will best suit your needs. Terms of the Listing Contract The Listing Contract legally defines your arrangement with the brokerage and, in accordance with the Real Estate Council Rules, it must contain: your name and the name of the brokerage that you have chosen to work with; the address of the property you are selling; the effective date of the agreement; the date the agreement expires; a general description of services to be provided by the brokerage; the remuneration to be paid under the agreement and the circumstances in which it will be payable; a provision respecting the use and disclosure of personal information. In addition to the Listing Contract, the licensee may ask for additional information to assist in the marketing of your home, including: the existing financial arrangements and whether this financing can be assumed by a new owner; a list of items attached to the building (normally called fixtures) which are not to be included in the sale; for example, a fireplace insert or a crystal chandelier; and the date on which you can give possession of the home to a new owner. Selling a Home in British Columbia 9
  • 12. Before You Sign the Listing Contract, Ensure That: all the spaces have been completed to your satisfaction, and you have a thorough understanding of all of the terms it contains, especially the list price, the commission rate, and the length of the contract. The licensee will provide you with a copy of this contract which you should keep for future reference. When you retain a Remember: Be aware that the Listing Contract is a contract. You cannot simply back out of the contract without the licensee, you consent of your licensee. If your licensee says that you can cancel the listing agreement at any time, ensure that you get are responsible this in writing. for providing Responsibilities of the Seller him or her When you employ a licensee, you are responsible for providing with accurate him or her with accurate information concerning your home; information for example, its age, the current financing arrangements, the condition of the roof and hot water heater, the property concerning taxes, etc. The licensee will also need your assistance and/or authorization to gather information about such things as the your home ownership details, the outstanding balance owing on the mortgage, the home’s assessed value, and the current zoning of the property. For strata titled properties, licensees will want your assistance to gather and provide information, including minutes of all strata meetings in the last two years, current financial statements, registered bylaws, current rules, building inspection or engineer’s reports, Information Certificate (Form B prescribed under the Strata Property Act), as well as information pertaining to the nature of how parking stalls and storage lockers are designated, whether a special assessment is being proposed, and any other documentation relevant to the strata property. 10 Real Estate Council of British Columbia
  • 13. Obligation to Disclose Defects Sellers must disclose known material latent defects about their property to a buyer. A material latent defect means a defect that cannot be discerned through a reasonable inspection of the property, including a defect that renders the real estate: dangerous or potentially dangerous to the occupants; unfit for habitation; or unfit for the purpose for which the buyer is acquiring it, if the buyer has made this purpose known to the seller. Material latent defects may also include: a defect that would involve great expense to remedy; a circumstance that affects the real estate in respect of which a local government or other local authority has given a notice to the seller, indicating that the circumstance must or should be remedied; or a lack of appropriate municipal building and other permits respecting the real estate. Common examples of material latent defects could include the fact that the basement leaks when it rains, structural damage to the property, failure of the building’s envelope (water ingress), underground storage tanks located on the property, problems with the potability/quantity of drinking water and any unremediated damage caused by the illegal use of the property, e.g. marijuana grow operation. New installations or renovations of electrical or gas systems completed without appropriate permits and inspections may also be considered examples of material latent defects. For information on what type of work in a home requires gas and electric permits, please contact the BC Safety Authority at 1-866-566-7233 or visit www.safetyauthority.ca. Failure to disclose material latent defects could result in future problems, including legal issues if the new owner discovers problems that you were aware of and did not disclose. Selling a Home in British Columbia 11
  • 14. Offers to Purchase Once an interested buyer has been found, a written offer to purchase your home will be prepared. This offer is usually recorded on a standard form entitled Contract of Purchase and Sale. Your licensee will explain to you the process of receiving and reviewing offers. Do not be surprised if you are presented with offers which differ dramatically from your listed asking price; your licensee is under an obligation to bring all written offers to you for your consideration. If several offers are brought to you at once, you are under no obligation to accept any one offer over another. What Should the Offer Contain? All offers to purchase your home will contain a number of important details which you must consider. The offer should include: date of the offer full legal names and addresses of both the buyer and the seller full legal description of the home amount of the deposit sale price amount of the cash down-payment and details as to how the remainder of the purchase price will be financed date for completion of the sale date for possession of the home a list of the conditions which must be fulfilled before the sale can take place (normally called subject clauses or conditions precedent) 12 Real Estate Council of British Columbia
  • 15. a list of items which are not attached to the building (normally called chattels) but which are to be included in the sale price; for example, drapes, refrigerator, stove, etc. date and time at which the offer expires the signature of the buyer and his or her occupation. What Are Your Options? When you receive one or more offers to purchase your home, it is in your own best interest to give considerable time and attention to reviewing each offer carefully. Your licensee will assist you to understand the terms and conditions contained in the offer, and will provide you with any advice you request, but ultimately the decision is yours. Be sure Before you decide, you may wish to have your licensee prepare you know a revised estimate of the net cash proceeds you will receive on the precise completion of the sale, based on the sale price and financing arrangements stated in the offer. meaning of each term You Have Four Options: in the offer Accept an Offer Exactly as it Stands If you decide that you would like to accept an offer, be sure to purchase you know the precise meaning of each term in the written offer before you sign the document. Once you, the seller, sign a Contract of Purchase and Sale agreeing to its terms, and your acceptance has been conveyed to the buyer, it becomes a legally binding contract. Legally binding means both you and the buyer will be bound by the terms of the contract and must perform your respective obligations as stated. Your performance can be enforced in a court of law. If you are uncertain about any of the clauses contained in the offer, you may wish to consult a lawyer before signing the contract; however, keep the expiry date of the offer in mind if you decide to postpone acceptance! Selling a Home in British Columbia 13
  • 16. Make a Counter-Offer If you change anything at all in the original offer, you are considered to have rejected that offer and to be making a new offer from you to the buyer. This new offer is usually referred to as a “counter-offer.” The risk in making a counter-offer is that if the buyer has changed his or her mind and rejects the counter-offer, you do not have the option to return to the original offer and accept it. But, the buyer may decide to make another counter-offer back to you and the process of counter-offers could continue until an agreement is reached. If, after making a written counter-offer, you decide you don’t want to sell the home, it may be possible to revoke the counter- offer. Many legal problems can result from the revocation of a counter-offer, so you should seek professional advice about the correct procedure to follow. Reject the Offer You are under no obligation to accept any offer or to make a counter-offer. If, however, you reject an offer that exactly meets all the terms you agreed to in the Listing Contract, which you signed with your listing brokerage, you could be legally obligated to pay the commission. Ignore the Offer You are under no obligation to acknowledge receipt of any offer. If, however, you ignore an offer that exactly meets all the terms you agreed to in the Listing Contract, which you signed with your listing brokerage, you could be legally obligated to pay the commission. More About “Subject” Clauses The purpose of a subject clause contained in an offer to purchase is to set out a specific condition that must be fulfilled before the sale can go through. One common subject clause you might encounter is one in which the buyers make the sale conditional upon their finding the exact amount and type of financing which will enable them to purchase your home. 14 Real Estate Council of British Columbia
  • 17. Another common clause is one in which the buyers make the purchase conditional upon a satisfactory home inspection. Remember that, if you accept an offer which contains a subject clause, you are effectively taking your home off the market for the period in which the buyers are attempting to meet the condition they have set. Therefore, you should ensure that an agreed upon time for the condition to be met is specified in the offer to purchase. If one of the conditions contained in a subject clause cannot be met after every reasonable effort has been made to do so, the contract ends and there is no legal obligation to complete the purchase or sale. As a seller, you may wish to accept an offer containing a subject clause (e.g. subject to the buyers selling their own home) yet still leave yourself free to consider other offers, just in case the buyers are unable to remove the condition. You can do this by having the buyer agree to inserting a time clause in the contract. A time clause will permit you to require the buyer to remove all subject conditions within a short, specified time period if you receive another offer that you would like to accept. If the buyer does not remove the conditions within that time, the conditional contract comes to an end and you are free to accept the second offer. When selling a strata property, a common clause you might Having to pay encounter is one in which the buyer makes the counter-offer conditional upon his or her review and approval of all pertinent an interest strata documentation, such as registered bylaws, current rules, penalty will strata meeting minutes, financial statements, strata plan, Form B, engineer’s reports, etc. reduce the price you will Financing...From the receive for Seller’s Perspective your home An offer to purchase will contain information about how the buyer intends to finance his or her purchase. Existing Financing If you currently have a mortgage loan on your home, you may be faced with one of two situations: Selling a Home in British Columbia 15
  • 18. The Buyer Wants to Pay Cash and Has no Mortgage This situation will require you to pay out your existing mortgage and there may be an interest penalty for doing this. Remember that having to pay an interest penalty effectively reduces the price you will be receiving for your home. The Buyer Offers to Assume, or Take Over, Your Remaining Mortgage Loan In this situation, before agreeing to allow the buyer to assume your mortgage loan, you should ensure that your mortgage lender will release you from any future obligation to repay the monies owing (if the buyer defaults). Contact the financial institution which holds your mortgage to obtain information about your position in each of the above situations. It is a good idea to do this well in advance of signing a Listing Agreement so you will be able to give your licensee accurate information. Financing by the Seller If you have no existing mortgage, an offer to pay all cash is ideal and, of course, would be your preference. But the buyer’s offer might state that part of the purchase price is to be paid in cash and part is to be paid in payments over a specified period of time at a specified interest rate. In effect, the buyer would be asking you to become the lender. If you are considering an offer containing a request for “seller financing” (sometimes referred to as a seller take-back mortgage), you should first seek legal advice in order that you fully understand the implications of this type of financing arrangement. 16 Real Estate Council of British Columbia
  • 19. Seller Beware! If it is possible, as some suggest, for people to quickly become very wealthy by dealing in real estate, then, unfortunately, people on the opposite side of the same transaction may, just as quickly, lose some of what they have invested. Those who may stand to lose are sellers who agree to be a party to buyers’ financing arrangements in which the sellers assume risks. Essentially, there is nothing wrong with most innovative or creative financing if all parties are fully aware of the potential risks and fully understand the possible consequences of such risks. However, the fact is that many owners (sellers) are not aware of the potential disasters which may occur. It is strongly recommended that you secure competent advice from a real estate licensee or legal counsel before finalizing any real estate contract. This recommendation is much more urgent when the offer you are considering includes terms which could jeopardize you financially. Be wary of offers which require any of the following: no cash paid as a down-payment an amount of cash being returned to the buyer your equity participation a promissory note without a registered mortgage an agreement to withhold registering a mortgage the seller (you) to secure a new loan before closing terms said to be included, but which are not written in the offer concealing information from a lending institution Selling a Home in British Columbia 17
  • 20. Completing The Sale The Contract of Purchase and Sale, which you signed, will state the completion day for the transaction. On that day, legal ownership will transfer from you to the new owner in exchange for the purchase price of the home. Do You Need a Lawyer or Notary Public to Complete the Sale? Your While it is the normal practice for the buyer’s lawyer or notary to prepare the documents necessary to transfer the legal home ownership, it is recommended that you, as the seller, engage legal counsel to act solely on your behalf. Among other things, is sold! he or she will protect your interests by: checking the documents prepared by the buyer’s lawyer and explaining them to you ensuring that your old mortgage has been properly discharged, if this is required ensuring that you have no further obligation regarding your old mortgage if it is being assumed by the buyer confirming that all payments for which you are responsible have been made arranging for you to sign the transfer documents preparing a statement for you outlining where all the purchase money was disbursed and giving you the net proceeds of the sale. 18 Real Estate Council of British Columbia
  • 21. What Costs Can You Expect? the commission you agreed to pay your brokerage the legal fees to discharge any existing mortgage whether or not you engage your own lawyer the Harmonized Sales Tax on the real estate commission and on your legal fees any prepayment penalty levied by the financial institution for early pay-out of an existing mortgage your share of the property taxes for the year if the current year’s taxes have not yet been paid, plus any penalties due for late payment of unpaid taxes The day has arrived!! You have signed the documents, packed your boxes, received your money and turned over your keys. Your home is sold! Selling a Home in British Columbia 19
  • 22. Complaints About a Licensee If a concern develops for a consumer as a result of real estate services provided by a licensee, the following steps should be considered: Discuss the concern with the licensee. If the matter is still not resolved, discuss the concern with the managing broker in charge of the brokerage. Most concerns are settled by these two means. If the licensee is also a member of a local real estate board, it may be approached. The board may be able to assist to informally resolve the concern. Real estate boards sometimes investigate conduct that may be in violation of their Code of Ethics and Standards of Business Practice. These boards will refer all matters to the Council where it appears that the Real Estate Services Act, Regulation or Rules have been contravened. Please visit www.bcrea.bc.ca for names and addresses of local boards. If satisfaction is still not forthcoming, the concern should be referred to the Real Estate Council at 604-683-9664, toll- free in British Columbia 1-877-683-9664 or on the internet at www.recbc.ca. The Real Estate Council can investigate any complaint about the conduct of a real estate licensee in his or her handling of your real estate transaction. The Council is authorized to discipline a licensee found guilty of professional misconduct. It should be noted, however, that the Council does not have the authority to require a licensee to perform under the terms of a contract, nor does the Council have any jurisdiction over buyers who have not performed under the contract. The Council cannot award damages to a complainant from a licensee. Those matters may require legal action. 20 Real Estate Council of British Columbia
  • 23. Selling a Home in British Columbia 21
  • 24. www.recbc.ca Rev.10/2010