Selling Your Saskatchewan House Without a Realtor: The Lawyer's Role

Selling without a realtor can save you from paying a commission, and many Saskatchewan homeowners consider it. The common question is whether hiring a lawyer alone is enough to carry the sale from start to finish.

A lawyer is usually the person who handles the paperwork and legal checks, but a lawyer is not a substitute for the marketing and negotiating work a realtor often does. Knowing where the lines fall helps you plan your time and avoid surprises.

This article covers the law of Saskatchewan.

What a lawyer generally does in a private sale

In general terms, a lawyer acting for a seller reviews or prepares the contract of sale, checks that the title is in order, deals with any mortgage that has to be paid out, and arranges the transfer and the movement of funds at closing. The details of each step depend on your property and your contract, so ask your lawyer to explain the process as it applies to you.

Ideally, speak to a lawyer before you agree to anything in writing. Once an offer is signed, your room to change the terms may be limited.

Title, mortgages and other registered interests

Saskatchewan titles are held through the land registry operated by ISC. Its Quick Search finds currently active titles by parcel number, title number, owner name or land description, and lets you view a title image or request a certified print. It does not show previous owners or interests that were removed; the advanced Search tool covers those.

On a title, registered interests are any right, interest or estate, legal or equitable, recognized at law and less than title. Mortgages and liens appear as interests, a title lock is a prohibition on the title, and judgments are tracked separately in the Judgment Registry. Looking at your own title before you list the home lets you spot anything that needs to be cleared before a buyer sees it.

What you still handle yourself

A lawyer does not usually set your price, photograph the home, advertise it or run showings. These tasks stay with you unless you hire someone else to do them. Typical seller responsibilities include:

• Deciding on an asking price and what you will accept.
• Preparing the home and taking photographs.
• Advertising the property and answering enquiries.
• Running showings and screening buyers.
• Negotiating the price and conditions before the contract is finalized.
• Gathering documents such as your title details, mortgage information and utility accounts.

Negotiating on your own is where many private sellers feel the most pressure. Remember that you can ask a lawyer to review an offer before you accept it.

Costs to expect

In a standard Law Society offer-to-purchase template, each party pays their own lawyer, and the purchaser pays the Land Titles Registry fees to register the property in the purchaser's name and to register the purchaser's mortgage. Your own contract may allocate costs differently, so read the terms before you sign.

Saskatchewan has no land transfer tax listed in CMHC's provincial fact sheet. Instead there is a provincial fee to transfer property based on the property's value. Confirm the current rate and who is paying it before you rely on any figure. Whether the sale has income tax consequences is a separate question for an accountant.

What to do next

• Pull a copy of your title and read the registered interests.
• Find out the payout amount on any mortgage or lien.
• Contact a lawyer before you list the home or sign an offer.
• Decide how you will price, market and show the property.
• Ask who will pay each cost under your contract.
• Speak to an accountant if the home was rented or is not your main residence.

If you find something unexpected on the title, raise it early, as it may take time to resolve.

Frequently asked questions