Can you sell a house in Ontario without a real estate agent?

When someone says “selling your home,” many people immediately assume you need a real estate agent. But that’s not strictly true — in Ontario you can sell a property without a real estate agent (i.e. “for sale by owner” or self-represented), provided you navigate all the legal, regulatory, and practical challenges correctly. The recent implementation of the Trust in Real Estate Services Act (TRESA) has changed some of the rules and protections around real estate transactions in Ontario, and those changes affect both traditional agent-assisted sales and self-representations.

In this blog, we’ll explain:

What TRESA is and why it matters
Whether and how you can sell a home in Ontario without an agent
The risks, costs, and responsibilities you face
Strategic tips and best practices
Frequently asked questions

Let’s dive in.

What Is the Trust in Real Estate Services Act (TRESA)? Background

Ontario used to regulate real estate under the Real Estate and Business Brokers Act, 2002 (REBBA, 2002). But reforms have been underway for years, and as of December 1, 2023, phase 2 of TRESA came into effect, bringing significant changes to how real estate services are delivered and regulated in the province.

TRESA is consumer protection legislation. It governs the conduct of real estate agents and brokerages that trade in real estate in Ontario. It replaced and expanded many of the rules under REBBA.

Key Changes and Themes under TRESA

Here are some of the key changes or features under TRESA that are especially relevant to someone considering selling a home without an agent:

Self-represented parties (SRPs)
Under TRESA, a person may act as a self-represented party (i.e. not be a client of any real estate firm) in a real estate transaction.
In those cases, real estate professionals must take care not to provide services that constitute “representation” or advice unless a representation agreement is in place.
Designated representation & removal of “customer” role
Under REBBA, some agents could act as “customers” (i.e. provide limited services without full fiduciary duty). TRESA removes that classification. Going forward, someone is either a client (with representation) or self-represented.
Also, TRESA allows brokerages to adopt a designated representation model: one agent in the brokerage represents the seller and another agent in the same brokerage represents the buyer (instead of the brokerage representing both as a whole).
Disclosure of competing offers
One major change: under TRESA, if a seller (or the seller’s agent) receives multiple offers, the number of offers must be disclosed to any buyer who has made an offer. The seller (or agent) may disclose additional information about competing offers (e.g. prices) if permitted by the seller.
Under REBBA, agents were prohibited from sharing details of competing offers.
Stricter obligations around disclosure of “material facts”
TRESA reinforces that agents (and arguably sellers) must ensure buyers are informed about material facts — things known or should have been known that would influence a buyer’s decision.
While sellers have long had legal duty to disclose latent defects or dangerous conditions, TRESA demands more transparency and binds agents more closely to those duties.
Penalties, regulatory oversight, registration
TRESA gives regulatory authorities stronger tools. Agents and brokerages may face larger fines or disciplinary action for misconduct. The act also governs who can legally trade real estate (registration, licensing, and exemptions).

Because TRESA sets the regulatory environment, anyone choosing to self-represent must be particularly careful not to cross the line into providing services that only a licensed agent should provide.

Can You Sell a House in Ontario Without an Agent?

Short answer: Yes, you legally can sell your home yourself (i.e. as a “for sale by owner” or self-represented party). There is no law in Ontario that mandates a home seller must use a real estate agent.

However, “yes, you can” doesn’t mean “it’s easy” or “it’s without risk.” Here’s what selling without an agent entails — plus when it may or may not make sense.

What It Means to Self-Represent

When you self-represent, you are responsible for nearly every aspect of the sale that an agent would ordinarily cover, including:

Pricing and market research
Marketing and listing
Fielding inquiries and showing the property
Negotiating offers, counteroffers, conditions
Drafting or reviewing the offer agreement
Handling legal and regulatory paperwork
Working with lawyers or notaries to complete the closing

You may still hire professionals (e.g. a lawyer, home inspector, appraiser, marketing services), but you do not sign a representation agreement with a real estate agent or brokerage for that sale.

Because you’ll handle everything, mistakes or omissions can carry significant cost — both financially and legally.

How TRESA Impacts Self-Representation

Under TRESA:

If you are self-represented, agents and brokerages must not treat you as a “customer” (i.e. with limited responsibility) — they must maintain strict boundaries so as not to provide unintended representation.
Agents may still provide general market information to you, but they should not give you advice or assist you in a way that crosses into agency functions.
You are able to receive all relevant information about the property, competing offers, etc. — subject to seller’s or agent’s permitted disclosures under TRESA. For example, you have a right to know how many competing offers were received.

Thus, self-represented parties have more clarity under TRESA in some respects, but also more responsibility to ensure they remain in compliance themselves.

Pros & Cons of Selling Without a Real Estate Agent

Before you decide to go the DIY route, it’s wise to weigh the advantages and drawbacks.

Pros (Why Some Sellers Choose It)

Save on commission
The most obvious benefit is avoiding or reducing the commission or fees charged by agents. If you can attract a buyer on your own or via flat-fee listing services, you may retain more of the sale proceeds.
Control over process
You remain in control of pricing, negotiation strategy, timing, showing appointments, etc. You’re not dependent on an agent’s schedule or approach.
Direct communication
You talk face-to-face with potential buyers, manage your own showings, and may find the process more transparent.
Flexibility
You can tailor your marketing plan, pricing adjustments, or terms without needing to consult or renegotiate with an agent.
Sense of “doing it yourself”
Some sellers feel confident, especially in a hot market, that they can manage the steps faster or more cost-effectively.

Cons & Risks (What You Must Watch Out For)

Lack of expertise
Real estate agents are trained in pricing strategies, negotiation tactics, disclosure obligations, documentation, local market dynamics, etc. Without that expertise, you risk underpricing, overpricing, or making costly mistakes.
Greater workload
All steps fall on you (or your hired professionals). That includes marketing, showings, responding to inquiries, coordinating inspections, preparing the offer, and closing.
Legal exposure
Mistakes in disclosure, contract language, conditions of offer, or failure to comply with TRESA or other laws could lead to liability. A buyer might sue or allege misrepresentation, especially if they discover defects later.
Reduced reach
Agents typically list on the MLS (Multiple Listing Service) and have networks that advertise listings. As a private seller, getting the same exposure is harder unless you pay for listing services.
Harder to negotiate
Buyers (especially represented ones) may push harder, knowing you lack representation. They may raise issues you haven’t anticipated.
Market perception
Some buyers assume a listing by an agent is more trustworthy or legitimate. A “for sale by owner” sign can attract bargain-seekers or less serious inquiries.
Lost opportunities
Agents may bring in offers you wouldn’t have found on your own. You may miss buyers from their networks.

Because of these downsides, many sellers still choose to use full-service agents — especially in competitive or complex markets.

How to Sell Your House Without an Agent: Step-by-Step Guide

Here’s a roadmap for how to do it yourself — with attention to what TRESA and Ontario rules require.

1. Get Your Home Ready & Research the Market

Home inspection / repair work: Consider doing a pre-listing inspection to identify issues early (repair anything major).
Curb appeal, staging, and clean-up: First impressions matter — invest time in landscaping, decluttering, minor repairs, fresh paint.
Comparable sales (comps): Examine recent sales in your neighbourhood (similar size, age, lot) to arrive at a realistic price.
Pricing strategy: Decide whether you’ll price aggressively (to attract bidding) or more conservatively (to reduce time on market).

2. Prepare Documentation & Disclosures

You will need:

Surveys, title documents
Property tax information
Utility bills and other ongoing costs
Any warranties or guarantees on systems (HVAC, roof, etc.)
A list of upgrades or improvements
Information about defects or problems you are aware of

Under TRESA and Ontario law, material facts must be disclosed. You have to be reasonably honest about what you know.
If agents are involved, they may also have obligations to disclose certain facts known to them.

3. Marketing & Listing

Flat-fee MLS listing services: Some firms will list your property on the MLS for a flat fee (you remain unrepresented). This gives exposure to a large network.
Online listings / classifieds: Use websites like REALTOR.ca (if allowed via flat-fee service), Kijiji, Facebook Marketplace, Zillow or local realty portals.
Professional photography / virtual tours: High-quality photos help a lot. Consider drone shots, floor plans, videos.
Open houses / showings: Schedule and manage showings yourself or with trusted assistants. Use signboards, flyers, and yard signs.
Marketing materials: Brochures, features list, datasheets, virtual walkthroughs, neighbourhood info.

4. Field Inquiries & Screen Prospective Buyers

Ask for pre-approval letters or proof of funds.
Qualify buyers (are they serious, scripts, etc.).
Schedule showings with care — coordinate times, ask for IDs, etc.

5. Handling Offers & Negotiation

When an offer comes in, examine it carefully: Is it firm or conditional (e.g. financing, inspection)?
You may receive multiple offers; under TRESA, the number of offers must be disclosed if requested by someone who submitted one.
If you (as seller) authorize it, you can allow disclosure of additional details (e.g. price) to bidders.
Negotiate counteroffers, removal of conditions, timelines, inclusions/exclusions.
Ensure the agreement is in writing, and includes all terms (closing date, adjustments, deposit, conditions, chattels, fixtures).

6. Conditions, Due Diligence & Inspections

Buyers often include conditions (e.g. home inspection, financing, status certificate if condo).
You must cooperate reasonably with inspections, but carefully manage access.
Address any issues or negotiate remediation if defects arise.

7. Closing & Legal Transfer

Retain a qualified real estate lawyer (or notary in certain cases) to handle title transfer, mortgage documents, tax adjustments, registration.
Payment of seller’s legal fees, any lien checks, title search, disbursements, etc.
Final walkthrough, handing keys, getting signatures.
Depending on local practices, escrow or trust arrangements may be used.

8. Post-Closing Obligations

Provide required documents and keys.
Final utility adjustments and account transfers.
Keep records of the transaction (offers, counteroffers, disclosure documents) — you may need them if disputes arise.

Legal & Regulatory Pitfalls to Watch Under TRESA

Selling on your own is possible, but because TRESA strengthens oversight, you must be extra cautious in several areas:

Avoid inadvertently acting as an unlicensed agent
As a self-represented party, you should not cross into the realm of providing real estate services (advice, negotiation services, drafting offer terms) to others unless properly licensed. If you assist a buyer with those tasks, you may run afoul of TRESA’s trading restrictions.
Disclosure & misrepresentation risk
If you fail to reveal defects, negative facts, or misstate property conditions, you could face legal liability, rescission, or a claim by the buyer. TRESA increases the obligations around disclosure of material facts.
Offer disclosure rules
You must comply with how competing offers are disclosed: you must reveal the number of offers to any buyer who has submitted an offer and may disclose additional information only if permitted. Violating those rules could be regulatory misconduct.
Regulatory registration restrictions
Under TRESA, one cannot “trade in real estate” without being registered (unless a specific exemption applies). Be careful not to engage in unlicensed activity.
Contractual oversights
The offer agreement must be legally valid, properly completed, with necessary terms, and consistent with Ontario real estate practice. Missing clauses or vague language can lead to disputes.
Financing / mortgage issues
If the buyer needs financing, failing to understand mortgage conditions, title insurance, or lender requirements can derail a deal.
Closing logistics
Errors in title transfer, failing to pay off existing mortgages or liens, or mismanaging prorations (taxes, utilities) can cause serious legal and financial consequences.

Because of these risks, many self-representing sellers still consult a real estate lawyer (or realty consultant) for parts of the process, especially contract review and closing.

When Self-Representation Makes Sense (and When It Doesn’t)

When It Might Be Feasible

You have prior experience in real estate transactions.
You have time, resources, and willingness to do the work.
Your local market is favorable (high demand, seller’s market).
The property is relatively straightforward (single-family detached house, no complex issues).
You can access good legal or real estate advisory services for tricky parts (e.g. contract, inspection).
You can get sufficient exposure (through flat-fee MLS or marketing) to attract buyers.

When It’s Risky or Discouraged

You are unfamiliar with real estate law, negotiation, or contract drafting.
The property has known defects or complexities (e.g. environmental issues, unusual zoning, structural or legal complications).
It’s a slow or buyer’s market — you may lose by lacking professional leverage.
You want maximum exposure, negotiating power, or you expect multiple competing offers.
You prefer to offload work and liability to a professional.
You’re dealing with tight timelines, relocation, or other stresses.

If the risks outweigh the benefits in your situation, hiring an experienced agent or opting for a hybrid or limited-service model might be wiser.

Tips & Best Practices for Self-Represented Sellers

Use a flat-fee MLS listing service so your property can reach the broader market.
Invest in professional photography, video, staging — presentation matters immensely.
Carefully screen buyers (ask for proof of funds or pre-approval).
Use a real estate lawyer from the start; they can review your listing agreement (if any), offer agreements, and closing documents.
When reviewing offers, insist on clarity around conditions, timelines, inclusions/exclusions, deposit, irrevocable periods, etc.
Don’t rush disclosures — full transparency can avoid later legal problems.
Keep meticulous records: all offers, counteroffers, disclosures, communications.
Be fair and consistent in how you treat all prospective buyers (to reduce risk of accusations of discrimination).
If a buyer is represented by an agent, be cautious about negotiating with them — don’t allow them to push you into unwitting mistakes.
Understand local real estate practice, municipal or provincial regulations (zoning, permits, property tax, etc.).
Try to negotiate to have the buyer assume certain tasks (inspections, survey, etc.) to reduce your burden.
Be patient—some showings or offers may take time.

Frequently Asked Questions (FAQs)

Below is a list of common questions about selling a house yourself in Ontario under the TRESA regime — along with succinct answers.

Q1: Is it legal in Ontario to sell a home by yourself without a real estate agent?
A1: Yes. There is no Ontario law that requires a seller to use a licensed real estate agent. You may act as a self-represented party and handle the sale yourself.

Q2: Will TRESA stop me from selling without an agent?
A2: No. TRESA does not bar self-representation. Instead, it clarifies the obligations of agents and the boundaries between representation and self-representation.

Q3: Under TRESA, what rights do self-represented sellers and buyers have?
A3: Some key rights:

To receive relevant information about the property (material facts).
To know how many offers were received (by buyers who submitted offers).
To decline or negotiate offers.
To prepare their own offers or have legal counsel assist.

However, real estate professionals must not provide representation or fiduciary advice to you unless a representation agreement is in place.

Q4: Can I still list on MLS if I don’t hire an agent?
A4: Yes — through a flat-fee MLS listing service. These services allow you (as a private seller) to pay a fixed fee to have your property listed on the MLS, thus gaining broad exposure while still self-representing.

Q5: If I receive multiple offers, do I need to share detailed terms with all bidders?
A5: Under TRESA, you (or your agent) must disclose the number of offers to anyone who submitted an offer. Disclosing more (like price or terms) is allowed only if the seller permits.

Q6: Who handles the legal side of closing and title transfer?
A6: You must engage a real estate lawyer or notary (depending on jurisdiction) to conduct the title search, prepare closing documents, register the transfer, manage disbursements, pay off mortgages or liens, calculate prorations, etc.

Q7: What happens if I misrepresent something and the buyer sues?
A7: You could face legal liability (contract rescission, damages, claims of misrepresentation). That risk is higher when self-representing, so full, honest disclosure and careful documentation are essential.

Q8: Can I partially use an agent (i.e. for only certain tasks)?
A8: Yes, some sellers use a hybrid or limited-service model (e.g. agent handles listing or negotiations, while seller handles showings). But under TRESA, any portion of agent service must be governed by a representation agreement and follow the rules around duties, disclosures, and obligations.

Q9: Is buyer’s agent commission negotiable when I sell on my own?
A9: Yes. As the seller, you determine whether to offer a commission to a buyer’s agent (if a buyer is represented). You may choose to offer none, a flat amount, or a percentage—it depends on your negotiation and local market norms.

Q10: Should I always use a real estate agent?
A10: Not necessarily. Many people successfully self-sell. But if you are inexperienced, the property is complex, or you want to maximize exposure and reduce risk, hiring a seasoned agent or using a hybrid arrangement is often the safer and more efficient option.

Closing Thoughts

Selling your home without a real estate agent in Ontario is entirely possible. Thanks to reforms introduced by TRESA, the rules around representation, disclosures, and rights have become clearer. But it is not a trivial undertaking. The responsibilities, risks, and workload are significant — and any misstep could cost you.

If you choose to self-represent:

Be well-prepared and educated
Use qualified legal support
Invest in good marketing
Be scrupulously honest and careful with disclosures
Understand all relevant obligations under TRESA and Ontario real estate law

If you prefer a safer, lower-risk path (especially for a high-value or complex property), a full-service or hybrid agent arrangement may still be the better option. At Team Arora, we believe in empowering clients with knowledge so you can choose the right path—whether that’s doing it yourself or partnering with a trusted agent.

Disclaimer:
This blog is for informational purposes only. The values and numbers may vary depending on the brokerage or agent offering it. Readers are encouraged to review specific agreements, seek independent legal advice, and consult licensed professionals before making real estate decisions.