In today's market, many homeowners have considered "going it
alone" and selling their homes without the help of a REALTOR® to
"save the commission." However, once they realize how complex and
intimidating a real estate transaction can be, many people
reconsider and enlist the services of a REALTOR®. It requires an
organized, step-by-step approach that many homeowners just don't
have the time, skill or experience to carry out.
A REALTOR® provides a variety of services including help in
setting a listing price within current market guidelines. They
develop a marketing plan, offer recommendations and advice to make
your home more attractive and "saleable," and act on your behalf
during negotiations to ensure your interests are protected.
Another advantage of working with a REALTOR® is the far-reaching
market exposure your home will receive through the Multiple Listing
Service® (MLS®). This co-operative marketing system relays
information about your home to a vast network of REALTORS® and
therefore, potential homebuyers in your market. The greater the
exposure your home receives, the more likely you are to find a buyer
willing to pay your price.
Selling your home is not a simple procedure. It involves large
sums of money, stringent legal requirements and the potential for
costly mistakes. A REALTOR® is committed to spending the time it
takes to help you sell your home in the least amount of time and for
the best possible price.
A REALTOR® must disclose to you in writing, who exactly they
represent in any real estate deal. A REALTOR® may represent a buyer
or a seller; they 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®.
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.
Ask your listing REALTOR® about disclosure, which is a seller's
obligation to disclose facts about properties for sale. The buyers
will need to know material facts about the property - that is,
anything that could materially affect the sale price or influence a
buyer's decision to buy it. A major cause of post-sale disputes and
lawsuits center around defects and disclosure, but most disputes can
be avoided if proper disclosures are made. Intentionally withholding
information about a property when selling it can have serious legal
consequences.
Another advantage of listing with a REALTOR® is that only a
REALTOR® is able to place your listing on the MLS® or Multiple
Listing Service®. When you decide your listings will be on the
Multiple Listing Service®, the information about your property is
shared with all other REALTORS® through the MLS® system, 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
REALTOR.ca, the national property website, participating local real
estate Boards can also advertise listings to potential buyers across
Canada and around the world.
Another 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 your property 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 REALTOR.ca web site, which
attracts more than a million 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. 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 sale of property is a complex business transaction. There are
distinct advantages to having a REALTOR® who is well-educated,
knowledgeable, and experienced. A REALTOR® also has access to an
array of services, including the Multiple Listing Service®, which
can provide you with instant, thorough and accurate property
information.
(The comments contained on this site are for information
purposes only and do not constitute legal advice.)