Selling Without a Realtor in Ontario: Step-by-Step Guide (2026)
Ontario is Canada's largest real estate market — and with average home prices in the Greater Toronto Area exceeding $1.1M, the commission savings from selling FSBO can be staggering. A 5% commission on a $1.1M GTA home is $55,000. Many Ontario homeowners are keeping most of that by selling privately.
Is It Legal to Sell Without a Realtor in Ontario?
Yes — absolutely legal. The Trust in Real Estate Services Act (TRESA) governs licensed real estate professionals. It does not require homeowners to use one. You have the legal right to sell your own property privately in Ontario.
TRESA and What It Means for FSBO Sellers
- Designated representation: Buyers working with agents now have a designated representative with fiduciary duty only to them. Have a lawyer review all offers.
- Multiple representation: No longer permitted under TRESA — any agent who brings a buyer is representing only that buyer.
- Transparency of offer process: You must tell buyers whether there are other offers on the table.
Disclosure: Seller Property Information Statement (SPIS)
The SPIS is not legally mandatory in Ontario but is standard practice. It covers water source and quality, septic or municipal sewage, known structural defects, environmental issues (UFFI, asbestos, lead paint, oil tanks), flooding history, zoning compliance, and boundary disputes.
HST on Home Sales in Ontario
- Resale homes: HST generally does NOT apply.
- New construction: HST applies — typically included in the stated price.
- Substantially renovated homes: If you've renovated more than 90% of the interior, HST may apply — consult a tax accountant.
- Short-term rental properties: If the home was used as an Airbnb, HST on the sale may apply.
Ontario Land Transfer Tax (LTT)
LTT is paid by the buyer, not the seller:
| Purchase Price | Ontario LTT Rate |
|---|---|
| First $55,000 | 0.5% |
| $55,001 – $250,000 | 1.0% |
| $250,001 – $400,000 | 1.5% |
| $400,001 – $2,000,000 | 2.0% |
| Over $2,000,000 | 2.5% |
Toronto buyers pay an additional Municipal Land Transfer Tax on top. First-time buyers may qualify for a refund of up to $4,000.
Condominium Sales in Ontario
Additional requirements under the Condominium Act: Status Certificate (must be provided within 10 days of request — $100, buyer has 10 days to review), condo declaration, bylaws and rules, reserve fund study and current balance, meeting minutes (last 12 months), and any outstanding special assessments. Request the Status Certificate from your condo corporation early — it takes up to 10 days to produce.
Ontario FSBO Seller Checklist
Before Listing
- Complete Seller Property Information Statement (SPIS)
- Gather condo Status Certificate (if applicable)
- Confirm zoning compliance with your municipality
- Obtain a survey (if you have one)
- Book professional photographer and research comps on Housesigma or Zolo
- Hire a real estate lawyer before listing
Receiving Offers
- All offers must be in writing (standard OREA form or equivalent)
- You must acknowledge whether other offers exist when asked
- Have your lawyer review every offer before signing
- Confirm deposit is held in trust
Closing
- Real estate lawyer handles all closing documents and title transfer
- Mortgage discharge registered on title by your lawyer
- Land transfer tax filed and paid by buyer's lawyer
- Keys and possession on agreed closing date
Sell Your Ontario Home From $299
MLS® & Realtor.ca exposure, SPIS form support, and lawyer-ready documents included.
List Your Ontario HomeOntario Cities We Serve
Sell in Toronto · Sell in Ottawa · Sell in Mississauga