Is Private Sale (FSBO) Legal in Ontario?
Yes. Selling your home without a real estate agent is completely legal in Ontario. There is no law requiring you to hire a realtor. You will, however, need a real estate lawyer to handle closing, and lenders require one to discharge any existing mortgage. Most Ontario sellers do the marketing and negotiation themselves, then hand off the paperwork to a lawyer at the end.
Ontario Disclosure Requirements
Ontario does not have a single mandatory seller disclosure form the way some US states do. Instead, sellers have a duty not to actively misrepresent the property. This means you should not conceal material defects you know about.
A few specific rules apply:
- If your home has had a grow operation or was used for methamphetamine production, you must disclose it.
- Latent defects (hidden defects that make the property dangerous or unfit for habitation) must be disclosed.
- You are not required to disclose things like a neighbour dispute or the fact that someone died in the home, but failing to answer a direct question honestly creates legal exposure.
In practice, many Ontario FSBO sellers voluntarily complete a Seller Property Information Statement (SPIS) to avoid disputes later. It is not legally required, but it demonstrates good faith and can reduce the risk of post-closing litigation.
How to List Your Home in Ontario
Your most important listing platform is Realtor.ca, the national portal run by CREA. Only licensed CREA member brokers can post there, but you do not need to hire a full-service agent. Several flat-fee brokers operate in Ontario:
- PropertyGuys offers flat-fee packages starting around $500-$1,500 that include a Realtor.ca listing.
- ComFree (now operating as Purplebricks in some markets) offers similar services.
- Local flat-fee MLS brokers advertise on Google in most major Ontario markets.
Beyond Realtor.ca, list on Kijiji (still very active in Ontario), Facebook Marketplace, and use a yard sign. In high-demand Toronto markets, many buyers are searching Realtor.ca directly, so that listing is worth the flat fee.
If you are offering a buyer's agent commission (to attract represented buyers), state it clearly in your listing. Typical buyer agent commission in Ontario is 2-2.5%.
Ontario Purchase Agreement
In Ontario, the standard contract used in private sales is the Agreement of Purchase and Sale (APS), developed by the Ontario Real Estate Association (OREA). The form is widely recognized, but you do not have to use it. Your real estate lawyer can draft or review any purchase agreement.
Key clauses to address:
- Condition on financing: Gives the buyer time to secure a mortgage.
- Condition on inspection: Standard in most Ontario deals.
- Chattels and fixtures: List what is included (appliances, light fixtures, etc.) and what is excluded.
- Completion (closing) date: Typically 30-90 days from acceptance.
- Deposit: Usually 5% of the purchase price, held in trust.
Have your lawyer review the agreement before you sign anything. This typically costs $200-$400 for a review alone, and $1,000-$2,000 for full closing representation.
Closing in Ontario
Closing is handled by a real estate lawyer, not a notary (Ontario uses common law, not civil law). Your lawyer will:
- Review the purchase agreement
- Search the title
- Calculate adjustments (property tax, utilities)
- Discharge your existing mortgage
- Register the transfer at the Land Registry Office
- Receive and disburse funds
Land Transfer Tax (LTT): Ontario charges a graduated provincial LTT paid by the buyer. On a $850,000 home, the provincial LTT is approximately $12,475. If the property is in Toronto, the buyer also pays a municipal LTT of a similar amount, effectively doubling the total. First-time buyers get a provincial rebate of up to $4,000, and a Toronto rebate of up to $4,475.
Typical closing timeline in Ontario is 30-90 days from accepted offer.
How Much Can You Save?
Ontario's median home price is approximately $850,000 (2025-2026 provincial average; Greater Toronto is considerably higher).
On an $850,000 sale:
- Typical total commission at 4%: $34,000
- Listing agent portion (2%): $17,000
- Buyer agent portion (2%): $17,000
If you sell privately and the buyer is unrepresented, you save the full $34,000. If the buyer has their own agent, you still save the $17,000 listing side. Even offering 2% to a buyer's agent, your net savings compared to a full-service listing is $17,000. After lawyer fees of roughly $1,500-$2,000, your actual savings are in the $15,000-$16,000 range per deal.
In the Toronto market where median prices sit above $1,100,000, those savings scale significantly higher.
Bottom line
Ontario is one of the most active FSBO markets in Canada, with a well-established flat-fee MLS ecosystem and straightforward private sale laws. Get your listing on Realtor.ca through a flat-fee broker, prepare an honest disclosure, and retain a real estate lawyer for closing. The process is manageable and the savings are real.
Get everything you need to complete your Ontario private sale with the Complete FSBO Toolkit.