Real Estate Forms

At HomesByOwner of Durham Region, we have decided not to post any real estate forms here. The forms that we would like to use are protected by copyright by the Ontario Real Estate Association. You can get access to them only through a real estate agent. You might find an agent that will do the paperwork for you.

If we did supply forms, they would be a watered-down version. There are all kinds of them floating around out there. We would also issue a strong recommendation that you have your lawyer review them prior to you signing. Chances are your lawyer will then use his or her own forms..

We suggest that you do the following, assuming you are not using a Realtor to do the paperwork. Strike a verbal agreement between the buyer and the seller on these details.

1. The selling price of the home.
2. The amount of deposit the buyer will submit. This amount is subtracted from the purchase price and the buyer will pay the balance on closing day. A deposit shows good faith on behalf of the buyer and that they want to proceed with the transaction. In a private sale, the deposit should always be held in trust by one of lawyers involved. 
3. All items included in the sale. These would include appliances, window coverings, garden shed, etc.
4. All items that are attached to the home that are not included in the sale. This could be an electric light fixture the seller wants to remove.
5. All rental equipment. An example here would be the hot water tank. If the seller rents it, they do not own it, therefore they cannot sell it. It is normal for the buyer to assume the rental of equipment, since it is used in the operation of the home.
6. A closing date. This is the day that ownership of the home changes from the seller to the buyer. This day must be a normal working weekday. It cannot be a Saturday, Sunday or holiday. For example, you cannot close a real estate transaction on July 1, Thanksgiving Day, New Years Day, etc. Discuss this with your lawyer to make sure the transaction can close on the day you and the other party agree on.

When you contact your lawyer to draw up the agreement, have the legal description available. You will find this on your tax bill or property survey. It will be Lot ### Plan ###. Also supply your lawyer with the name and phone number of the lawyer representing the other side.

If you have any questions, you are welcome to call us at 905.718.FSBO (3726) or Toll Free 866.964.FSBO (3726). We want to see you have a successful private sale!