Gabriola Island Property Sales

Lawyer-Assisted Property Sales, through Bill Pope's Law Office

Complete Representation for Property Owners in the Sale of their Gabriola Property

Yes, Virginia, there is an economical and effective alternative to realtor-listed property sales.

Bill Pope is able and available to assist property-owners in the sale of their Gabriola property.

Whale and lighthouse seen from Gabriola Island, May, 2005

Can lawyers really do that? | Lawyers becoming realtors? | Is it legal? | What about the Real Estate Act? | Should everyone choose a lawyer? | How can I decide? | Will you also act for the buyer? | What about market exposure? | Does "portfolio size" matter? | What will it cost? | How can legal expertise help? | What about MLS? | Why don't I just sell my own home? | What do I get for my money? |

Your Questions Bill's Answers Notes

Can a lawyer really act for home-owners in the sale of their property?
Certainly! Lawyers often represent their clients in various transactions, from simple sales or purchases, to complex commercial transactions. The sale of residential property (homes, vacation properties, etc.) is included in that work. Although many lawyers limit their work to the final paper-work, other lawyers use their training and experience to represent their clients in other matters associated with the primary legal representation.
Click here to read a publication of the Law Society of B.C., discussing the growth of lawyers' representation of sellers in real estate transactions

Does that mean a lawyer can act the same way a realtor does, and in effect become a realtor?
Certainly not! Lawyers are limited in the way they can represent their clients in any transaction, including the sale of property. Those limitations (e.g., rules of professional conduct) are designed to protect the public and to respect the best interests of their clients: for example, a lawyer is NOT able to represent a seller and a buyer when the lawyer has agreed to represent the seller throughout the marketing, negotiating and transfer of the seller's property.

Have lawyers always been able to act for home-owners in the sale of their homes?
Each Province of Canada has different rules governing what lawyers can (and cannot) do. In British Columbia, lawyers have always had the right to represent owners in the sale of property, although they have not always done so.
For a presentation on some of the background on the history of lawyers and real estate representation in British Columbia, click here.

Doesn't B.C.'s Real Estate Act give realtors a monopoly on the sale of land in this Province?
Although the Real Estate Act does impose restrictions on who can sell property for others, there are exceptions. One of those exceptions is a recognition that "a barrister or solicitor [lawyer] ... or a person employed by him or her, in respect of transactions in the course of his or her practice" is able to represent clients in the sale of real estate.
Click here for an interesting discussion of lawyers and the Real Estate Act

Are you saying that everyone should choose a lawyer to help sell their property?
Some people perhaps should choose a real estate agent. Others, though, might choose to have a lawyer represent them. It has to be a personal choice, based on all considerations. The key point to keep in mind, is that there are options, and those options give property-owners the freedom to choose.

What kinds of things should I consider, when deciding whether I should let your office help me sell my property on Gabriola?
It would be very difficult to make a complete list, but some points to consider are: dedication to vendors (sellers), market exposure, number of clients selling property, amount of fees (commission), and the extent and type of representation.

Would you represent only me in the sale of my home, or would you also act for the buyer?
As a lawyer, I am professionally bound to represent my clients' interests, and to avoid any potential conflict. There are some limited exceptions to those obligations, but those exceptions do not apply in my representation of owners in the sale of their property: I am here to get the best results for home-owners selling their property. I will NOT act for the buyer when I represent you in the sale of your property.
Realtors, on the other hand, can enter into "limited dual-agency agreements". In those circumstances (sometimes called "double-ending"), the realtor or realty firm will be entitled to commission for representing the buyer, plus commission for representing the seller.

How would my home get the market exposure I would like it to get?
Many property sales these days are the result of people seeing "for sale" signs on property, and/or searches for Gabriola property on the internet. I can easily arrange for efffective market exposure of your home in both of those ways.

With only a small portfolio of properties for sale, would you still be able to give me effective representation?
Although a larger choice of properties might initially attract buyers, I am able to focus on selling fewer properties, with the result that I can offer more attention to each of them.

What do you charge, for representing a vendor (seller) owner in the sale of Gabriola property?
My fees are negotiable, and they are reasonable. Typical realtor-based listing through MLS can mean commissions of 5%, 6% or 7%. My fees are also based on the sale price of your home, but they are not tied to MLS expectations, and they do not include any component for the purchaser's realtor or other representative (see the reference to "double-ending" above and to the right, on this page). Generally, you may expect fees of 3% or less for my work in the sale of your Gabriola property, although the actual fees and other costs will be subject to negotiation before I start my work in helping you sell your property.
Fees with my office are subject to negotiation, and will depend on what both of us consider to be reasonable. Typically, you might expect a fee of 4% of the first $100,000 of the property, plus 2% of the balance.

Are there any particular benefits from legal expertise, in representing me in the sale of my Gabriola property?
Consider this: a sale of your Gabriola property could be the largest single financial transaction of your life (the average selling price of homes on Gabriola is close to $300,000, as of the middle of 2006). Whether or not it is the largest single transaction of your life, the sale of your home or other property will probably involve hundreds of thousands of dollars that will be due to you when the sale completes. You might not only want to be sure your home is sold quickly and at a reasonable price: you will likely also want to be sure that you are well aware of your obligations and your rights in connection with the sale.
Note that even though lawyers are able to represent owners in the sale of property, realtors are not allowed to offer any legal advice or representation.

What about the benefits of MLS (Multiple Listing Service) and the exposure provided by a real estate office?
Those may be benefits in some circumstances, and they are points you should consider. Keep in mind, though, that MLS generally results in higher commissions, and real estate offices require higher overhead. Also keep in mind that you found this web site without the assistance of MLS, so purchasers of your property might also find it.

Why shouldn't I avoid all the fees involved with realtors, lawyers or others selling my property, and just sell my own home?
Some people are able to sell their own homes successfully, but that is not always the case. Realtors and lawyers have training and experience that can provide real benefits to you. Just as there are differences in people's abilities to fix the electrical work and plumbing in their homes, and in their abilities to set up their own computers or repair their own cars, there are also different levels of expertise in being able to sell homes. Something else to keep in mind, is that buyers are often hesitant to inspect a home closely when sellers are the ones "showing" the home; it is often better to have a "buffer" between the buyer and the seller who can help communicate between the two of them. Also, you might not be able to arrange your own schedule to deal with inquiries about the sale of your home.

If you and I settle on a fee arrangement in the sale of my Gabriola property, what do I get?
You will get what you and I agree should be done, after both of us have had a chance to discuss your needs. My fees and other charges for the work could include any or all of the following:

determining an appropriate asking price (with the benefit of a professional appraisal, if necessary)

placing signs for sale

responding to telephone inquiries

making recommendations in preparing the home for viewing

showing the property to potential purchasers

preparing and distributing sales brochures for the property

advertising in local newspaper

informing you of any offers received, or of any other expressions of interest in purchasing the property

negotiating an acceptable sale price, and reasonable terms and conditions, with the buyer or the buyer's representative (lawyer or realtor)

preparing an interim agreement (offer for sale/purchase of the property), or reviewing offer(s) prepared by the buyer or the buyer's representative

reviewing purchase documents prepared by the buyer's lawyer or notary, and arranging for those documents to be properly executed and returned

arranging for the discharge of any mortgage from your property

arranging for any other necessary payouts, and the satisfaction of any other obligations on the sale of the property, when the transaction completes

advising you about any requests received from the buyers, or any other obligations you might have in connection with the completion of the sale

Of course, the fees will also include my dedication to representing your interests in the sale, from start to finish.

. Related Web Sites: | LawStream

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Your Questions	Bill's Answers	Notes
Can a lawyer really act for home-owners in the sale of their property?	Certainly! Lawyers often represent their clients in various transactions, from simple sales or purchases, to complex commercial transactions. The sale of residential property (homes, vacation properties, etc.) is included in that work. Although many lawyers limit their work to the final paper-work, other lawyers use their training and experience to represent their clients in other matters associated with the primary legal representation.	Click here to read a publication of the Law Society of B.C., discussing the growth of lawyers' representation of sellers in real estate transactions
Does that mean a lawyer can act the same way a realtor does, and in effect become a realtor?	Certainly not! Lawyers are limited in the way they can represent their clients in any transaction, including the sale of property. Those limitations (e.g., rules of professional conduct) are designed to protect the public and to respect the best interests of their clients: for example, a lawyer is NOT able to represent a seller and a buyer when the lawyer has agreed to represent the seller throughout the marketing, negotiating and transfer of the seller's property.
Have lawyers always been able to act for home-owners in the sale of their homes?	Each Province of Canada has different rules governing what lawyers can (and cannot) do. In British Columbia, lawyers have always had the right to represent owners in the sale of property, although they have not always done so.	For a presentation on some of the background on the history of lawyers and real estate representation in British Columbia, click here.
Doesn't B.C.'s Real Estate Act give realtors a monopoly on the sale of land in this Province?	Although the Real Estate Act does impose restrictions on who can sell property for others, there are exceptions. One of those exceptions is a recognition that "a barrister or solicitor [lawyer] ... or a person employed by him or her, in respect of transactions in the course of his or her practice" is able to represent clients in the sale of real estate.	Click here for an interesting discussion of lawyers and the Real Estate Act
Are you saying that everyone should choose a lawyer to help sell their property?	Some people perhaps should choose a real estate agent. Others, though, might choose to have a lawyer represent them. It has to be a personal choice, based on all considerations. The key point to keep in mind, is that there are options, and those options give property-owners the freedom to choose.
What kinds of things should I consider, when deciding whether I should let your office help me sell my property on Gabriola?	It would be very difficult to make a complete list, but some points to consider are: dedication to vendors (sellers), market exposure, number of clients selling property, amount of fees (commission), and the extent and type of representation.
Would you represent only me in the sale of my home, or would you also act for the buyer?	As a lawyer, I am professionally bound to represent my clients' interests, and to avoid any potential conflict. There are some limited exceptions to those obligations, but those exceptions do not apply in my representation of owners in the sale of their property: I am here to get the best results for home-owners selling their property. I will NOT act for the buyer when I represent you in the sale of your property.	Realtors, on the other hand, can enter into "limited dual-agency agreements". In those circumstances (sometimes called "double-ending"), the realtor or realty firm will be entitled to commission for representing the buyer, plus commission for representing the seller.
How would my home get the market exposure I would like it to get?	Many property sales these days are the result of people seeing "for sale" signs on property, and/or searches for Gabriola property on the internet. I can easily arrange for efffective market exposure of your home in both of those ways.
With only a small portfolio of properties for sale, would you still be able to give me effective representation?	Although a larger choice of properties might initially attract buyers, I am able to focus on selling fewer properties, with the result that I can offer more attention to each of them.
What do you charge, for representing a vendor (seller) owner in the sale of Gabriola property?	My fees are negotiable, and they are reasonable. Typical realtor-based listing through MLS can mean commissions of 5%, 6% or 7%. My fees are also based on the sale price of your home, but they are not tied to MLS expectations, and they do not include any component for the purchaser's realtor or other representative (see the reference to "double-ending" above and to the right, on this page). Generally, you may expect fees of 3% or less for my work in the sale of your Gabriola property, although the actual fees and other costs will be subject to negotiation before I start my work in helping you sell your property.	Fees with my office are subject to negotiation, and will depend on what both of us consider to be reasonable. Typically, you might expect a fee of 4% of the first $100,000 of the property, plus 2% of the balance.
Are there any particular benefits from legal expertise, in representing me in the sale of my Gabriola property?	Consider this: a sale of your Gabriola property could be the largest single financial transaction of your life (the average selling price of homes on Gabriola is close to $300,000, as of the middle of 2006). Whether or not it is the largest single transaction of your life, the sale of your home or other property will probably involve hundreds of thousands of dollars that will be due to you when the sale completes. You might not only want to be sure your home is sold quickly and at a reasonable price: you will likely also want to be sure that you are well aware of your obligations and your rights in connection with the sale.	Note that even though lawyers* are able to represent owners in the sale of property, realtors are not allowed to offer any legal advice or representation.*
What about the benefits of MLS (Multiple Listing Service) and the exposure provided by a real estate office?	Those may be benefits in some circumstances, and they are points you should consider. Keep in mind, though, that MLS generally results in higher commissions, and real estate offices require higher overhead. Also keep in mind that you found this web site without the assistance of MLS, so purchasers of your property might also find it.
Why shouldn't I avoid all the fees involved with realtors, lawyers or others selling my property, and just sell my own home?	Some people are able to sell their own homes successfully, but that is not always the case. Realtors and lawyers have training and experience that can provide real benefits to you. Just as there are differences in people's abilities to fix the electrical work and plumbing in their homes, and in their abilities to set up their own computers or repair their own cars, there are also different levels of expertise in being able to sell homes. Something else to keep in mind, is that buyers are often hesitant to inspect a home closely when sellers are the ones "showing" the home; it is often better to have a "buffer" between the buyer and the seller who can help communicate between the two of them. Also, you might not be able to arrange your own schedule to deal with inquiries about the sale of your home.
If you and I settle on a fee arrangement in the sale of my Gabriola property, what do I get?	You will get what you and I agree should be done, after both of us have had a chance to discuss your needs. My fees and other charges for the work could include any or all of the following: determining an appropriate asking price (with the benefit of a professional appraisal, if necessary) placing signs for sale responding to telephone inquiries making recommendations in preparing the home for viewing showing the property to potential purchasers preparing and distributing sales brochures for the property advertising in local newspaper informing you of any offers received, or of any other expressions of interest in purchasing the property negotiating an acceptable sale price, and reasonable terms and conditions, with the buyer or the buyer's representative (lawyer or realtor) preparing an interim agreement (offer for sale/purchase of the property), or reviewing offer(s) prepared by the buyer or the buyer's representative reviewing purchase documents prepared by the buyer's lawyer or notary, and arranging for those documents to be properly executed and returned arranging for the discharge of any mortgage from your property arranging for any other necessary payouts, and the satisfaction of any other obligations on the sale of the property, when the transaction completes advising you about any requests received from the buyers, or any other obligations you might have in connection with the completion of the sale Of course, the fees will also include my dedication to representing your interests in the sale, from start to finish.