This page provides general information about selling your home in Nova Scotia. It does not replace advice from a lawyer. If you are selling real estate, you should consult with a lawyer.
The information on this page applies off-reserve. It does not apply to reserve land.
What is my first step if I plan to sell my home?
You should get an idea of the market value of your home. There are two ways to do that:
- Contact a real estate agent. A good real estate agent will give you an idea of what you can expect to sell your house for based on what other houses are selling for in your area. It is free to consult with a real estate agent.
- Get a professional appraisal. You can find professional appraisers online or in the Yellow Pages. The Nova Scotia Real Estate Appraisers Association has an online directory that you can use. You have to pay for a professional appraisal. Expect it to cost around $500 to $750 for an appraisal.
How do I find a real estate agent?
Real estate agents advertise online and in the Yellow Pages. There are many agents to choose from. You should find someone who knows the area you live in. Family, friends or people you work with may be able to recommend an agent.
Real estate agents' fees vary, so you should find out as much as you can about how much an agent charges. Typically they charge somewhere in the range of 4%-6% of the sale price, plus HST.
The Nova Scotia Real Estate Commission licenses real estate agents in Nova Scotia. You should confirm that the realtor you want to work with is licensed. You can do that by doing a licensee search on the Nova Scotia Real Estate Commission’s website.
How do I list my home with a real estate agent?
You must sign a listing agreement if you decide to hire an agent. Carefully read through the agreement and ensure you understand the charges and commissions you can expect to pay and what to expect from the agent. You and your agent will discuss whether it should be a multiple or exclusive listing. Multiple listings give you broader exposure, but you may pay a higher commission. Generally, the agent will be entitled to their commission when a ready, willing and able buyer signs an offer to purchase your home at the price you and your agent agreed to sell it for.
Depending on the listing agreement, you may still have to pay a commission even if:
- the transaction fails,
- you sell the house yourself while the listing agreement is in effect, or
- you sell it after the listing agreement has expired, and the agent introduced you to the buyer or introduced the buyer to the property during the term of the listing agreement.
Can I sell my home without a real estate agent?
Yes, some owners choose to sell their houses without using an agent. Some businesses provide services to help people do this, for example, by providing signs and draft documents and listing the home for sale on websites like MLS or Viewpoint. Although this costs less than hiring an agent, you must be prepared to advertise and show the property yourself and will not have access to the same resources as a professional agent.
The main risk is that you might not get the best price possible. If you don’t use an agent, you will not get the benefits of their professional help. A good real estate agent will:
- Know the market conditions and advise you on them
- Give you a strategy for advertising and pricing your homes to get the best value
- Give suggestions about what minor changes or fixes can be made to the home to increase value
- Give you options or suggestions for staging the home to make it look its best
- Strategize with you if your home is not getting offers
- Help you navigate multiple-offer situations to get the best price
Without an agent, you may not get the price for your home and your home might spend much longer on the market than necessary.
Can I have the same real estate agent as the purchaser?
Yes, but you should hire a real estate agent who is not representing the purchaser. This ensures they will solely serve your interests in the home selling process.
If one of your real estate agent’s clients wishes to purchase your property, the agent must inform you.
An agent representing the seller and the purchaser cannot advise one party against the other party's interests. As the seller, you still pay the agent's fee.
Do I need a lawyer if I’m selling my home?
Yes. Your lawyer will:
- advise you about the terms of the purchase and sale agreement,
- ensure that the documentation is prepared properly
- ensure the property is migrated to the land registration system before closing,
- receive the money from the purchaser’s lawyer on closing day,
- pay off the amount owing on your mortgage,
- pay your real estate agent out of the sale proceeds, and
- provide you with an accounting of the proceeds from the sale.
You should not use the same lawyer as the purchaser. If the purchaser and the seller use the same lawyer, nothing either party tells the lawyer is confidential from the other. If an issue arose that could not be resolved, both parties would have to find new lawyers.
You should not try to sell real estate without a lawyer. If the property has not been migrated to the land registration system, that process must be completed by a lawyer.
Do I have to pay off my mortgage before I can put my house up for sale?
No. If you sell your home and you owe money on a mortgage, on the closing date for the sale, your lawyer will use the sale proceeds to pay off the amount owing on the mortgage. Your lawyer will ensure your lender issues a release confirming you have paid off the mortgage.
However, before you list your home, you should contact your lender to:
- Confirm precisely how much is left owing on the mortgage.
- Find out if you can pay off the mortgage early, and if so, if there is a penalty.
- Ask your lender to put this information in writing for you.
What happens when someone makes an offer on my house?
Your real estate agent will review the offer with you in detail. They’ll make sure that you understand the offered terms.
You can:
- Accept the offer,
- Reject the offer, or
- Make a counteroffer.
You can reject the offer if you are unsatisfied with the offered price or any of the conditions. You are usually not required to accept the highest price.
You can also make a counteroffer. Your real estate agent can help you prepare a counteroffer. You can decide whether to make this your final offer or whether you will consider a counteroffer from the purchaser.
You can end the negotiation if you and the purchaser cannot agree on an acceptable offer.
If you reach an agreement, the purchaser pays a deposit held by the real estate agent in trust until closing.
When I sell my home, what must I include?
When someone buys your house, the sale must include all fixtures unless you clearly exclude them in the purchase agreement.
Fixtures include anything attached to the house permanently, so its removal would leave obvious damage or a scar. Permanent attachment can include anything that is plastered, bolted, screwed or nailed in place. For example, wall-to-wall carpeting, a sink, and central air conditioning are all fixtures, while a throw-rug, free-standing cupboard, and washing machine would not be fixtures.
You can include things that aren’t fixtures, but that must be clearly stated in the purchase and sale agreement.
What is a property disclosure statement?
A Property Disclosure Statement is a report the seller prepares for the purchaser. It discloses information known to the seller about the property's existing condition. It contains information that the seller is aware of, such as the age of the roof and electrical wiring, any problems with leaks or water damage, and so on. The statement may help the purchaser decide whether any aspects of the house, such as the roof, electrical wiring, or heating system, need further inspection.
The Property Disclosure Statement must be completed honestly, but it is not a warranty or a guarantee that the property is free from defects. There may be defects that are unknown to the seller.
It may not be advisable to complete a Property Disclosure Statement if you are not familiar with the property – for example, if you are selling a property as an executor on behalf of an estate, or if you do not live in the property.
Your lawyer can advise you on preparing this statement.
Do I need to add sales tax to the selling price?
Generally speaking, no. The seller usually does not have to collect sales tax (HST) from the sale of a used private home.
If you are selling the home that you currently live in, it is unlikely that you will have to collect HST. However, if you have done significant renovations, the house you are selling is a newly built house, or you rented it out short-term (e.g. Airbnb), you should contact the Canada Revenue Agency to find out if you need to collect any taxes. You should also talk with your lawyer.
Do I register my home under the Land Registration Act before I sell?
If your home isn’t registered under the Land Registration Act, you must register it before you complete the sale. This is also referred to as having the property migrated or converted.
There is a registration fee. It is up to the purchaser and the seller to negotiate who covers the costs. The practice has developed that the seller usually registers the property and pays the registration fee. Usually, the cost will be between $1,000 and $1,500 plus tax. Your lawyer can advise on this and other costs involved in selling your home.
Once a property is registered under the land registration system, it will not need to be registered again. For more information on registering property and the Land Registration Act, visit the website of the Land Registration Office of Nova Scotia.
When do I have to move out of the house?
The purchaser is entitled to vacant possession once they release the funds to your lawyer and the sale is complete. You must arrange to move out on or before closing day. Most often, the purchase agreement will contain a time on the morning of the closing date that the house has to be vacant in order for the purchaser to complete their pre-closing walkthrough. You do not receive your sale proceeds until the house is vacant.
More information
For more information about selling your home, we suggest the following guides from:
A realtor can give you information about the selling process and about the market conditions in your community.
A property lawyer can advise you about your legal rights and responsibilities throughout the process and on specific steps, such as completing the Property Disclosure Statement.
Last Reviewed: July 2024