Real Estate
Private Sale Real Estate Lawyer in BC
Selling for sale by owner, or transferring a property between family. We handle the legal side so the deal is done right and registered cleanly.
A private sale means there is no realtor between you and the other side, and often no realtor's contract to lean on. That saves commission, but it also means the paperwork, the timing, and the money all land on you. In BC, the transfer still has to be completed by a lawyer or notary, so this is where our real estate team steps in.
Whether you are selling your home yourself, buying directly from an owner, or moving a property between family members, the legal steps are the same as any sale. There is a Contract of Purchase and Sale to get right, a title to search, a mortgage to pay out or register, Property Transfer Tax to work out, and a transfer to file at the Land Title Office. When there is no realtor drafting the contract, having a lawyer prepare or review it matters even more.
We tell you what each step means, what it will cost, and what we need from you, so nothing catches you out on completion day.
How we can help
For sale by owner sales
We prepare or review your Contract of Purchase and Sale, search title, clear your existing mortgage, and register the transfer so your sale holds up without a realtor involved.
Buying directly from an owner
We check the title for mortgages, liens, and easements, confirm what you are actually buying, handle the Property Transfer Tax, and register the property in your name.
Family to family transfers
Selling or gifting property to a child, parent, sibling, or relative, prepared so the change is documented properly and holds up at the Land Title Office.
Property Transfer Tax on private deals
We work out what tax applies, whether an exemption fits, and set the price and forms up correctly, since a private or family transfer still gets reviewed.
Mortgage payout and discharge
We get the payout figure from your lender, confirm the funds, and make sure your old mortgage is discharged so the buyer takes clean title.
Independent Legal Advice
If a family transfer, a gift, or a private mortgage needs a signature confirmed by an independent lawyer, we explain the document, confirm you are signing freely, and provide a signed certificate.
Common questions
Can I sell my house privately in BC without a realtor?
Yes. You can sell for sale by owner and skip the commission. What you cannot skip is the legal side: the transfer still has to be completed by a lawyer or notary, and it still gets registered at the Land Title Office. We handle that part and can prepare or review the Contract of Purchase and Sale so the terms protect you.
Do I still pay Property Transfer Tax on a family transfer?
Often, yes. Property Transfer Tax applies when property is registered in a new name, at 1% on the first $200,000, 2% up to $2,000,000, and 3% above that, with a further 2% on residential property over $3,000,000. Some family transfers, first time buyers, and newly built homes can qualify for an exemption. We confirm where you stand before anything is filed, because a transfer between related parties is looked at closely.
What is Independent Legal Advice and might I need it?
Independent Legal Advice is a short, separate meeting where a lawyer who is not acting for the other side confirms you understand a document, such as a mortgage, a guarantee, or a gift or matrimonial agreement, and that you are signing it freely. The lawyer then provides a signed certificate. It comes up often in family transfers and private mortgages, and we can tell you if your deal needs it.
Is a private sale riskier than using a realtor?
It can be, mostly because no one is drafting the contract or flagging problems for you. A vague price, an unclear deposit, or a missed condition can cause real trouble later. We reduce that risk by preparing or reviewing the Contract of Purchase and Sale, searching the title, and handling the transfer and funds the same careful way we would on any sale.
Book your free private sale case evaluation
No pressure and no obligation. Just a clear conversation about where you stand and what comes next.