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Difference between revisions of "Selling Your Home"

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==Do you need a realtor?==
==Do you need a realtor?==
You may decide to market and sell your home by yourself, though most people prefer to have a professional do the job. If you decide to use a realtor, pick someone you trust and whom you are comfortable with.
You may decide to market and sell your home by yourself, though most people prefer a professional do the job. If you decide to use a realtor, pick someone you trust and whom you are comfortable with.


==Should you have a lawyer?==
==Should you have a lawyer?==
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*Can you pay off the mortgage? If so, is there a prepayment penalty? Sometimes a lending institution will waive the penalty if the buyer takes out a new mortgage with them, or if you take out a new mortgage with them.
*Can you pay off the mortgage? If so, is there a prepayment penalty? Sometimes a lending institution will waive the penalty if the buyer takes out a new mortgage with them, or if you take out a new mortgage with them.


Get the answers to these questions in writing to avoid any unpleasant surprises later on.
Get the answers to these questions in writing to avoid any unpleasant surprises later.


==What happens after you sign the listing agreement?==
==What happens after you sign the listing agreement?==
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==Which things in the house are included in the sale?==
==Which things in the house are included in the sale?==
When someone buys your house, all the things that are “fixtures” go along with it, unless you and the buyer agree otherwise. The defining a fixture can be difficult: generally, a fixture is anything that’s attached to the house to the point where its removal would damage the house or require repair. The bathroom sink is an obvious example, as is the crystal chandelier in the dining room. As objects like chandeliers are sometimes items that home owners are interested in taking with them following the sale of their home, it is important that these fixtures are explicitly excluded from the contract of purchase and sale. Better yet, before you put the house up for sale, replace the chandelier with a simple, inexpensive replacement. The washer, dryer, fridge, and stove aren’t fixtures, but you may be able to use them as bargaining tools if the buyer wants them.
When someone buys your house, all the things that are “fixtures” go along with it, unless you and the buyer agree otherwise. The defining a fixture can be difficult: generally, a fixture is anything that’s attached to the house to the point where its removal would damage the house or require repair. The bathroom sink is an obvious example. As objects like chandeliers are sometimes items that home owners are interested in taking with them following the sale of their home, it is important that these fixtures are explicitly excluded from the contract of purchase and sale. Better yet, before you put the house up for sale, replace the chandelier with a simple, inexpensive replacement. The washer, dryer, fridge, and stove aren’t fixtures, but you may be able to use them as bargaining tools if the buyer wants them.


==What are “subject to” clauses?==
==What are “subject to” clauses?==
They are conditions that have to be met before the deal to buy your house proceeds. Common ones include the buyer getting financing (for example, a mortgage) and the house passing an engineering inspection. If you get an offer that is subject to the buyer getting financing or any other condition, make sure the buyer has only a short time to remove the condition. Your home may be off the market for the time it takes the buyer to remove the condition, and you will likely want to keep that period short.
They are conditions that must be met before the deal to buy your house proceeds. Common ones include the buyer getting financing (for example, a mortgage) and the house passing an engineering inspection. If you get an offer that is subject to the buyer getting financing or any other condition, make sure the buyer has only a short time to remove the condition. Your home may be off the market for the time it takes the buyer to remove the condition, and you will likely want to keep that period short.


As well, the “subject to” clause should be specific. Don’t accept a general clause, such as “subject to buyer obtaining satisfactory financing.” If the buyer changes his or her mind, all the buyer has to do to get out of the deal is to say he or she couldn’t get satisfactory financing. Instead, put details in the clause about the interest rate, the principal amount, monthly payments and so on, as well as the deadline for when the buyer must remove the clause. Again, a lawyer who practices real estate law can be helpful in this process.
As well, the “subject to” clause should be specific. Don’t accept a general clause, such as “subject to buyer obtaining satisfactory financing.” If the buyer changes his or her mind, all the buyer must do to get out of the deal is to say he or she couldn’t get satisfactory financing. Instead, put details in the clause about the interest rate, the principal amount, monthly payments and so on, as well as the deadline for when the buyer must remove the clause. Again, a lawyer who practices real estate law can be helpful in this process.
 
==Tax and the capital gains tax exemption==
If your home is your principal residence, you don’t have to pay tax on any profit (capital gain) you make when you sell it. You should see a lawyer about whether the principal-residence tax exemption applies to you.


==Summary==
==Summary==
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==More information==
==More information==
For more information on house mortgages and financing, check script [[Mortgages and Financing a House Purchase (Script 408)|408]], called “Mortgages and Financing a House Purchase”. For more information about the contract of purchase and sale, check script [[Buying a House (Script 406)|406]], called “Buying a House”.
*For more information on house mortgages and financing, check script [[Mortgages and Financing a House Purchase (Script 408)|408]], called “Mortgages and Financing a House Purchase”.
*For more information about the contract of purchase and sale, check script [[Buying a House (Script 406)|406]], called “Buying a House”.
*As well, read the booklet called “[http://www.recbc.ca/consumer/sellinghome.html Selling a Home in BC Information Booklet]” prepared by the [http://www.recbc.ca/ Real Estate Council of British Columbia].
 


As well, read the booklet called “[http://www.recbc.ca/consumer/sellinghome.html Selling a Home in BC Information Booklet]” prepared by the Real Estate Council of British Columbia. For a free copy, call 604.683.9664 in Vancouver or toll-free 1.877.683.9664 elsewhere in BC. Or go to their website at [http://www.recbc.ca www.recbc.ca] and click on “Consumer Info” and then “Publications”.


[updated October 2017]


[updated April 2015]
'''The above was last reviewed for accuracy by Anna Kurt and Nathan Ganapathi, and edited by John Blois.'''


'''The above was last reviewed for accuracy by Jack Montpellier.'''
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