The simple answer is yes.
Technically, you can sell it with no real estate agent if you own the property. But one owner can't legally sell or transfer title without the express written permission of all other titled owners.
Another scenario involves what is referred to under the Family Law Act as the matrimonial home. If the home is registered in one spouse's name only, that titled spouse cannot legally sell or transfer title without express written permission of the unnamed souse. For more information on this subject in Ontario, visit the website for the Ministry of the Attorney General. Your province or state will have a similar website where you can learn more.
The only exceptions to this is if you have a Power of Attorney for Property for all other owners, or if the mortgage company which holds the mortgage loan is acting under a Power of Sale.
However, you're not legally permitted to act as agent for another property owner in an attempt to sell their property. To do that, you must be a registered real estate sales person or broker licensed under the provincial or state legislation. In Ontario, for example, all participants are registered under The Real Estate and Business Brokers Act (REBBA), which is administered by The Real Estate Council of Ontario (RECO).
Further, to access the database of the Multiple Listing Service® in Canada MLS® or American MLS®, a registrant must be a member of the national and provincial/state associations. In Canada, that is The Canadian Real Estate Association ( CREA) and The Ontario Real Estate Association ( OREA). In the USA, The National Association of Realtors ( NAR) holds that responsibility.
So, are you legally permitted to have a home for sale by owner? Yes, but it's not a simple matter to be assumed lightly. If it was that simple, an huge real estate industry would not exist.
I urge you to acquire the services
of a REALTOR®. They'll professionally guide you through the entire
process and protect your interests in what is increasingly becoming a
highly sophisticated process in an increasingly litigious society. An agent's primary contributions include the property evaluation and offer negotiation steps, which are the two areas where private sale attempts typically fail.
To learn more, continue to explore this website and the various links provided on this page. And if you're still determined to sell your house with no real estate agent, click here to learn a little more about what it entails.
If you'd like to increase the odds of successfully selling with no real estate agent, check out my book The Happy Agent. Though written for professionals, it's chock full of tips and techniques in easily understood everyday language that I've learned and polished throughout my successful 40-year real estate career. As a matter of fact, there's an entire chapter devoted to the subject of private trading in real estate.
Learn how to effectively
evaluate your home and prepare it for market to maximize the ultimate
sale price, how to
market and advertise effectively, how to handle showings and open houses
like a pro, how to
successfully negotiate an offer and more.
When you consider the huge possible savings in real estate commission with a private sale attempt and the fact that you're dealing with your largest single financial asset, a small investment of your time and a pittance of your money could save you thousands of dollars and a ton of heartache. At the very least, you'll be encouraged to try it alone, at least for awhile. Remember - knowledge is power. Whether buy, seller or both, learn how to negotiate like a pro.
Available virtually everywhere print and e-books are sold.
A must-read for anyone contemplating a realty career and the perfect antidote for agents seeking a more productive, less stressful direction for their own realty business.
It’s also designed as an insightful resource for home buyers and sellers curious about the ins and outs of buying and selling real estate.
"An inspiring and candid tale of one man's journey to success as a real estate agent and achieving inner freedom. This book is sure to ignite the passion and holds the key to unlocking the power that lies within us all." Gina Ceci, Real Estate Lawyer