| |
Sign here, sign here, and don't forget to initial
here! No doubt about it, buying a home includes
a lot of paperwork. In Canada, formalizing the
purchase of a home requires some variation of
a written contract, which involves successfully
negotiating the terms with the homeowner.
Making an offer in Ontario usually begins with
a Purchase and Sale Agreement, which your REALTOR®
will initiate on your behalf. The pre-printed
form will include several standard clauses that
your REALTOR® will review with you at the
time. It will be the information specific to the
offer you are presenting that will be the focus
of your discussions and will include such things
as the legal names of the buyers and sellers,
the legal address of the property, and the names
of the listing and selling brokerages and REALTORS®.
The items on the Purchase and Sale Agreement that
may become the focus of negotiations include:
The Amount of the Deposit - this is an
indication of how serious the buyer is in purchasing
the property. In a large city with a hot real
estate market, this may be as much as 5% of the
purchase price. By contrast, in a rural area with
a quiet market it may be less than 1%.
The Possession Date - this may have a direct
impact on either the buyers' or the sellers' personal
life. For instance, will the children have to
move before the school year is over? Will an earlier
closing date require interim rental accommodation
and perhaps some financial hardship? Is one of
the owners away on a course during the preferred
closing date? Agreeing on a mutually convenient
purchase date can sometimes cause complications.
Fixtures and Chattels - in other words,
what is supposed to stay with the house and what
is not? These items often become the proverbial
straw that breaks the camel's back. A classic
example is the issue of appliances. For instance,
a purchase may not come together if the seller
will not include them in the purchase price and
the buyer will not pay or can not afford to pay
the homeowner's price without them.
Purchase Price - in most cases, this is
the greatest hurdle to the successful completion
of a real estate transaction i.e., the homeowner
has unrealistic expectations of the market value
of his or her home, or the purchaser does not
recognize the true value of the property. Quite
often the true market value of the property lies
somewhere between the buyers' and sellers' final
offers.
Conditional Clauses - these are the offer-specific
statements that make the transaction subject to
various conditions. In other words, the Purchase
and Sale Agreement will not become a binding contract
until these conditions are satisfied. The most
common condition is 'arranging financing within
5 banking days'. If the buyer is unable to find
a lender that will agree to provide the money
for a mortgage within this time period, then he
or she can, obviously, not usually afford to purchase
the property.
In addition to your REALTOR®, one of the other
experts who will help you through the myriad of
documents is your lawyer. Chances are you will
pick your legal counsel after a recommendation
from a friend, associate, or from a list provided
by your REALTOR® or relocation representative.
Whomever you select, it goes without saying that
you should feel comfortable with that person and
that he or she should specialize in Real Property
Law.
What services will your lawyer provide to help
with the purchase process? For a start, you may
want him or her to review your Purchase and Sale
Agreement before it is submitted to the homeowner.
The majority of purchasers do not have this done.
However, the following are typical tasks your
lawyer will complete on your behalf:
Prepare your mortgage documents, if not
completed by your lending institution;
If not already supplied by your REALTOR®,
he or she can provide a list of lending institutions
and home inspectors;
Calculate the amount of Land Transfer Tax
that will be payable on the completion date
don't forget about this fee when calculating your
closing costs;
Confirm the amount of property tax owing
and if there are any final municipal inspections
that need to be completed;
Calculate adjustments on closing i.e.,
reconciling oil and utility bills;
Determine if there have been any claims
registered against the property you are purchasing
and, if so, ensure they have been cleared prior
to your possession date; and
Confirm that you have clear title to the
property by doing a title search at the local
land registry office.
The lawyer's fee will vary by region and, in
some cases, by the home you are purchasing. Be
sure to compare prices, but make sure you are
comparing apples to apples by ensuring the services
are comparable.
Another of the experts closely aligned with the
Real Estate industry is the Home Inspector. Tips
and services provided by these professionals will
be the next topic of discussion. In the meantime,
continue to educate yourself in preparation for
your next, or maybe your first, real estate purchase.
David
Weir BA, CD is a Broker with Royal LePage ProAlliance
Realty in Trenton. He has been the top-producing
office REALTOR® since 2001 and his sales in
this area have ranked him in the top 1% of Royal
LePage REALTORS® nationwide from 2005 - 2007.
|
|