SELLING A HOME
1. Fire Insurance:
Fire insurance for your residence should only be cancelled after registration of the Transfer of Title and receipt of the sale proceeds.
2. Survey Requirements:
If you have a Surveyor’s Certificate and are required to supply a copy to the purchaser, please forward it to us as soon as possible. Often, your purchaser’s mortgage company requires a copy of the Certificate before advancing funds.
3. Your Mortgage Payments:
If you presently have a mortgage on your property and are making automatic withdrawal payments, be sure to cancel future payments after having made the last planned payment.
Please ensure that all meters are read and telephones disconnected effective possession date. Provide all utility companies with your new address so they can send you their final Statement of Account. Our Statement of Adjustments does not include adjustments for utilities.
If the current year’s taxes are known, the tax adjustment will be based on the actual taxes for the year. If unknown, the tax adjustment will be based on an estimate. If you are enrolled in the City of Weyburn Tax instalment plan, then notify the City that you are selling the property and wish to cancel future payments.
6. Interim Financing:
If you are selling your house and purchasing a new property on the same date or before, the monies from your sale may not be released to you until after your new possession date. You should speak to your lawyer to see if interim financing will be required in order to obtain possession of your new property without delay.
7. Assumption of your Mortgage:
If your purchaser is assuming your mortgage, ensure that you make arrangements with your mortgagee, in writing, to be released from any personal covenant to make the mortgage payments. If other people have guaranteed your mortgage or are named as co covenanters, ensure that they are released, in writing, by your mortgagee, before your purchaser assumes your mortgage.
8. Statement of Adjustments:
This law firm will provide you with a Statement of Adjustments, which is an accounting of any adjustments made to the purchase price (ie tax adjustment). Please read it very carefully to verify its accuracy.
9. Appointment for signing your documents:
As soon as we have your transfer documents ready, we will be in touch with you. If you are leaving the city prior to possession date, contact us to complete these documents earlier to avoid the extra costs and delays of couriering documents to you.
10. Change of Address:
Please confirm your new address and telephone number with us as soon as possible. Make sure that you have also advised the following of your change of address: banks, credit card companies, newspaper, utility companies, relatives and friends and all other important people and organizations. Do not assume that your purchaser will redirect your mail.
11. Keys to your property:
Your real estate agent should be given all keys to your property as soon as you no longer require them. If you wish, you may label the keys for your purchaser. Any warranty books relating to furnace, water softener, electric air filter, air conditioner, central vacuum, hot water heater, and any other appliances that are staying with the property, may be left inside the house for the purchaser.
12. Items remaining after possession:
It may be impossible to remove all of your belongings before possession date. If so, then please notify your realtor and make arrangements with the purchaser to store these articles either in the house or garage. Remember that the purchaser is entitled to vacant possession of the house and that means, unless otherwise agreed, the purchaser is not required to store any of your belongings.
Expenses of selling a home:
- LEGAL FEES: This includes: searching and investigating title; preparing documents including the Transfer of Title, Homestead Affidavit, Homestead Consents, Direction of Payment and Certificates of Exempt Property as required by the Excise Tax Act; obtaining an assumption statement from your bank or credit union if your existing mortgage is being assumed by the
purchaser; paying and discharging encumbrances not assumed by the purchaser; preparing a Statement of Adjustments for you; and attending with you to review and execute all documents.
- COMMISSION TO REALTOR: this figure is agreed upon when you execute the realtor’s documents.
- TAX ADJUSTMENTS: if taxes are unpaid, you pay the amount calculated to possession day.
- LAND TITLE COSTS: fee including discharge of any mortgage or other non-assumable encumbrances.
- DISBURSEMENTS: costs including any postage, photocopying, office supplies, courier charges, long distance telephone and fax charges.
- GST: if applicable.
- UNEXPECTED COSTS: such as preparation of Affidavits of Identity and GST concerns. It is the policy of this firm to notify you immediately as to the possibility and the reason for such unexpected additional costs.
It is possible to sell property without using the services of a real estate agency, although such agencies are usually best able to market the property. If a private sale, the seller must solicit, screen and negotiate with prospective buyers. Furthermore, the seller is responsible for preparing and drafting documents relating to the sale. The seller should seek legal advice prior to signing any document to ensure the document reflects the desires and interests of the seller and is legally sound.
If you have any other questions or concerns, please contact one of our knowledgeable and experienced solicitors. We will gladly help you with every detail of your real estate transaction.
Warning: The forms below are made available to you free of charge. Therefore, any printing, storing, copying or other use of these forms constitutes an agreement by you that you waive any claim that you may ever have now or in the future against NSWB Law Firm, their employees, partners and associates in any way relating to the copying and use of such forms.
You are urged to read through the Contract or Agreement form(s) carefully and ensure that you fully understand it before using it. Changes, additions or specific legal advice may be needed to ensure it suits your needs. Generic forms cannot suit every situation. These forms are for existing Saskatchewan residential properties and farmland only. The forms are not applicable to new construction or commercial property.
The information on this webpage is general in nature only. It relates to the province of Saskatchewan, Canada and may not be applicable in your jurisdiction. It does not constitute legal advice to you and no solicitor-client relationship will be established. You should seek specific legal advice regarding your circumstances from a lawyer entitled to practice law in your jurisdiction.