AssignorAssignee


1. Is the original Agreement of Purchase and Sale assignable?


2. Are there any restrictions on marketing the Assignment? ? MLS® ,Exclusive, or Privately

3. The Builder may require the Assignor and Assignee to sign the Builder’s consent form or the Builder’s Assignment Agreement. ? The Assignee may be required to prove that they can obtain a mortgage.

4. The Assignor usually agrees to obtain Builder consent and pay consent fee (may be the Assignee).

5. The Assignee may be required to pay the Assignor an amount equal to the deposits (and possibly the interest on the deposits) already paid to the Builder at time of occupancy.

6. Provide the Assignee with original Agreement of Purchase and Sale and all related documents.

 7. The Assignor is not usually released from their obligation to the Builder if the Assignee does not complete the purchase.

8. The Assignor is responsible for the following costs: ? legal fees and disbursements ? builder consent fees ? Real Estate commission.
1. Enter into an Assignment Agreement.

2. Obtain original Agreement of Purchase and Sale and related documents. Review obligations carefully. Have a lawyer review.

3. The Assignee may pay the following on occupancy:
a. Final deposit
b. Occupancy fees:
i. Estimated property taxes 
ii. Estimated common expenses
iii. Interest on purchase price. The Assignee usually delivers 6-12 postdated cheques to the Builder.
4. The Assignee may pay the following to the Builder on final closing:
 a. Estimated property taxes for up to 2 years
b. Hydro/water/gas meter installation and connection charges (approx. $500–$700 per meter)
c. Development charges/levies (potentially thousands of dollars)
 d. Tarion New Home Warranty (ranging from $600–$1,900. See Tarion website for fee structure)
 e. Discharge of builder’s mortgages (approx. $200–$300 per mortgage)
f. Builder’s lawyer’s Law Society charge (approx. $70)
g. Compensation for the Builder–cost of handling the Assignor’s deposit cheques (approx. $250)
h. 2 months of occupancy fees for reserve fund
 i. Other amounts set out in the Agreement of Purchase and Sale. These costs are typically not financed with a mortgage.

5. The Assignee is responsible for the following additional fees:
 a) Legal fees and disbursements
b) Land transfer tax (provincial and municipal).
 c) GST/HST rebate. d) Municipal levies.

6. Assignee takes occupancy of unit and all applicable financial obligations.

7. After the condominium is registered, on final closing the Builder transfers title to Assignee. The Assignee pays the balance to the Builder. The Assignee may also pay any amount still owed to the Assignor depending on the terms of the Assignment.


Assignor: An Assignor is the original buyer of the unit from the Builder/Developer.Assignee: An Assignee is the buyer of the Agreement of Purchase and Sale from the Assignor.
Note: All figures are approximate and subject to change (2012)


This information is provided for general information purposes only and is not to be relied upon or construed as legal, real estate, or other professional advice or opinion. While TRREB has taken great care and consideration in preparing this information to provide general information to the public, TRREB cannot guarantee that the information provided is accurate, complete or up-to-date. TRREB does not make any representations or warranties, express or implied, as to the information provided. Under no circumstances shall TRREB, its officers or employees, have any liability of any kind for the accuracy, use, or otherwise, of this information, all of which is provided on an “as-is” basis. Any reliance you place on such information is strictly at your own risk and liability. You are strongly urged to seek professional advice on specific issues.

 

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Source:  TRREB

 

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The purchase price of your home is only one of the costs you'll encounter. Here are other possible costs you need to consider:

  • Mortgage loan insurance: 
    If you are putting less than 20 per cent of the house value down, you're going to need mortgage loan insurance. Depending on the lender, the premium can be added to mortgage payments. Note: as of January 1st, 2018, the Office of the Superintendent of Financial Institutions Canada (OSFI) is setting a new minimum qualifying rate, or "stress test," for uninsured mortgages (if you are putting more than 20 per cent of the house value down). The guideline, applying to all federally regulated financial institutions, now requires the minimum qualifying rate for uninsured mortgages to be the greater of the five-year benchmark rate published by the Bank of Canada or the contractual mortgage rate plus two percentage points.   

  • Appraisal fee: 
    Lenders typically loan a percentage of the home's purchase price or the market appraisal of the property. Cost depends on the size and complexity of the assignment. 

  • Land survey: 
    The lender may ask for a current survey or certificate of location before signing off on the loan. There can be a substantial cost for having a new survey done on the property.

  • Deposit: 
    A deposit normally goes with the formal offer to purchase. 

  • Insurance: 
    The lender will require proof of property insurance for the replacement value of the house and its contents from the day you take ownership. 

  • Title insurance: 
    Provides coverage in case of problems with the property title, among other things. The cost is relatively low, usually a few hundred dollars. 

  • Application fee: 
    Some lenders will pass on the cost to process your application. These fees vary and some lenders will waive them entirely if you have other accounts with them. 

  • Mortgage broker's fee: 
    If you use a mortgage broker, a fee may be charged to arrange a mortgage on your behalf. 

  • Home inspection fee: 
    An inspection protects the buyer by revealing any problems in the property that you'd want to know before you move in. 

  • Legal fees: 
    You can save some of the legal fees usually charged by the lender if your lawyer draws up the mortgage. You'll also pay for disbursements, which are the costs involved in drawing up the title deed, conducting a title search, and preparing and registering the mortgage. 

  • Land Transfer Tax: 
    Use the land transfer tax calculator accessible from the home page of this website to calculate both your Ontario and City of Toronto (if applicable) land transfer taxes. First-time home buyers qualify for a maximum $4,000 provincial rebate and a maximum $4,475 City of Toronto rebate. 

  • Harmonized Sales Tax: 
    Resale (used) homes are exempt from HST but it does apply to newly constructed homes and you may qualify for a partial rebate depending on the sale price and if the home is going to be your primary place of residence. 

  • Other costs: 
    These include moving costs, fees charged by utilities for service hook-ups, property tax and other adjustments (an adjustment takes place when the seller has already paid for something in advance and wants to be credited for the unused portion on the date the house becomes yours), and ongoing maintenance (condo fees, etc.), and utility costs.

 

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Source:  TRREB

 

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REALTORS® help you get the most for your home and they remove stress and confusion from the process. Here are just some of the advantages.

Your REALTOR® Explains the Process

A REALTOR® will not take it for granted that you know all the ins and outs of the buying process. Instead, he or she will provide you with a detailed explanation of what to expect so you are fully informed throughout this complex decision-making process.

REALTORS® Assess Your Needs

One of the first questions a REALTOR® will ask is, ‘Why are you moving?’ A REALTOR® will also explore any time constraints you might have (perhaps imposed by the need to relocate for employment), your financial situation and any future plans.  They need a detailed picture of your wants and needs in order to serve you better.

A Plan to Find Your Dream Home

A REALTOR® will help you recognize what you’re looking for in a new home. An outdoor pool? A double-car garage? A fenced-in yard? A particular building design? What about the neighbourhood? Proximity to schools or work? A REALTOR® will compare your needs, wants and budget with what is available on the market and make recommendations that save you time and effort.

Your Agent will also accompany you to view houses and help you assess their suitability and price. As an expert on a property, a REALTOR® can provide facts on the neighbourhood, the cost of utilities, the condition of the home’s features, and so on. In other words, he or she will work with you to achieve your dream.

Access to Properties for Sale

Multiple Listing Service® or MLS® is an exclusive service accessible only through a REALTOR® and it can be a valuable home-searching tool. Through MLS®, the details of a wide variety of listed properties are made available to the REALTOR® you work with. That can save you a tremendous amount of time and effort in your pursuit for the right home.

REALTORS® are Skilled Negotiators

REALTORS® are experienced in arranging fair deals. Your Agent will assist in negotiating an offer, acting as a mediator to resolve potential conflicts between you and the seller, and draw up a legally binding agreement.

Honesty and Integrity

Most real estate professionals in Ontario are members of the Ontario Real Estate Association (OREA) and only members of OREA can call themselves REALTORS®. When you work with a REALTOR®, you can expect not only strict adherence to provincial laws, but also adherence to a Code of Ethics. And that code is very important to you because it assures you will receive the highest level of service, honesty and integrity.

Legal know-how? They know how.

A mishandled document can ruin a sale, or lead to legal action. Your REALTOR® has the experience to recognize potential problems early and the resources to help you find solutions and get the process back on track quickly.

Negotiation Skills – To keep the deal on track.

REALTORS® are indispensable when it comes to bargaining with sellers. Tempers can flare and heels can dig on. Your REALTOR® is an expert at smoothing things out.

 

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Source:  OREA (Ontario Real Estate Association) www.howrealtorshelp.ca

 

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What is Title Insurance?

Title insurance is protection against loss arising from problems connected to the title of your property. Before you purchased your home, it may have gone through several ownership changes, and the land on which it stands went through many more. There may be a weak link at any point in that chain that could emerge to cause trouble.  For example, someone along the way may have forged a signature in transferring title. Or there may be unpaid real estate taxes or other liens. Title insurance covers the insured party for any claims and legal fees that arise out of such problems.

Prior to closing, public records are "searched" to determine the previous ownership of the property, as well as prior dealings related to it. At closing the buyer expects property that is free and clear of such claims, so typically they must be cleared up before closing.

Occasionally problems regarding title are not discovered before closing, or are not remedied before closing. Such defects can make the property less marketable when the buyer subsequently sells and, depending on the nature of the problem, can also cost money to remedy. For example, the survey might have failed to show that an addition to the property was built without permission. The buyer of the property could be out-of-pocket if he is later required to remove the addition.

Am I required to purchase Title Insurance?

Title Insurance is required if you need a mortgage, because all mortgage lenders require such protection for an amount equal to the loan. It lasts until the loan is repaid. As with mortgage insurance, it protects the lender but you pay the premium, which is a single-payment made upfront.

Who is protected with Title Insurance?

Title insurance policies can be issued in favour of a purchaser (on new/resale homes, condos and vacation properties), a lender, or both the purchaser and lender. Some of the risks that are frequently covered under a title insurance policy include: survey irregularities; forced removal of existing structures; claims due to fraud, forgery or duress; unregistered easements and rights of-way; lack of pedestrian or vehicular access to the property; work orders; zoning and set back non-compliance or deficiencies; etc.
 For a risk to be covered, usually it has to have existed as of the date of the policy. As with any type of insurance policy, certain types of risks might not be covered, for example, native land claims and environmental hazards are normally excluded. Be sure to discuss with your lawyer what risks are covered and what are excluded.

When does the insurance coverage end?

When the title insurance is covering the purchaser, it remains in effect as long as the insured purchaser has title to the land. Some policies also protect those who received title as a result of the purchaser's death, or certain family members (e.g., a spouse or children) to whom the property may have been transferred for a nominal consideration.

When the title insurance is covering the lender, the policy remains in effect as long as the mortgage remains on title. A lender covered under a title insurance policy is insured in the event the lender realizes on its security and suffers actual loss or damage with respect to a risk covered under the policy. Lenders are usually covered up to the principal amount of the mortgage.

The premium for title insurance is paid once (at the time of purchase). Generally speaking, in Canada the purchaser of the property pays for the title insurance, though there can be situations where the seller pays for it. Some policies automatically cover both the purchaser and lender; others will cover both for a small additional fee

Protection and Peace of Mind

Title insurance can help ensure that a closing is not delayed due to defects in title. And, if an issue relating to title arises with respect to a risk covered under the policy, the title insurance covers the legal fees and expenses associated with defending the insured's title and pays in the event of loss.

 

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The Home’s Exterior

Home Location:  _____________________________________________________
 Address:  ____________________________________________________________
 Asking Price:  ________________________________________________________
 Annual Property Taxes:  ______________________________________________
 Mortgage Terms:  ____________________________________________________
 Zoning Restrictions (ask the REALTOR®):  _______________________________

The Home’s Exterior

Lot Details

  • Lot size/shape: __________________
  • Landscaping condition: good/moderate/poor
  • Position of home on lot (compass directions):______________
  • Driveway: private/shared
  • General lot condition: good/moderate/poor
  • Front yard: sm/med/lg
  • Side yard: sm/med/lg
  • Rear yard: sm/med/lg
  • Mature trees, shrubs, etc: yes/no
  • Curb appeal: good/moderate/poor
  • Condition of walkways: good/moderate/poor

Structure Details

  • Number of stories: 1/2/3/4
  • Type of home: _________________
  • Siding: brick/brick veneer/wood/aluminum/combination
  • Condition of siding & paint: good/moderate/poor
  • Garage: attached/detached/one-car/two-car
  • Parking: uncovered/one paid space/ two paid spaces
  • Front porch: covered/enclosed
  • Fenced front yard: yes/no
  • Fenced backyard: yes/no
  • Eaves troughs and downspouts: good/moderate/poor
  • Patio/deck: good/moderate/poor
  • Swimming pool: above/below/indoor/outdoor/none
  • General pool condition: good/moderate/poor
  • Storage shed: yes/no
  • Type of roof: _________________
  • General roof condition: good/moderate/poor
  • Recent roof repairs: yes/no
  • Repair Receipts: yes/no
  • Roof Age: ____________
  • Type of foundation: raised well above ground/visible cracks

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The Home’s Interior

Doors & Windows

  • Windows: single pane/thermopane
  • General window condition: good/moderate/poor
  • Door locks/latches work: yes/no

Kitchen

  • General size/colours: __________________
  • Eat-in area: yes/no
  • Cooking food/prep island: yes/no
  • Sufficient cupboard space: yes/no
  • Sufficient counter space: yes/no
  • Countertop type/condition: __________________
  • Floor type/condition: _____________________
  • Pantry: yes/no
  • Sink: single/double
  • Appliances included: yes/no
  • General appliance condition: good/moderate/poor

Family/Living Room

  • Fireplace: yes/no
  • Living room floor type/condition: __________________
  • Separate dining room: yes/no
  • Dining room floor type/condition: ___________________

Other Home Details

  • Square footage: ____________
  • Foyer closet: yes/no
  • Soundproof & fireproof shared walls: yes/no

Bathrooms

  • No. of Bathrooms: _______
  • Ensuite bathroom: yes/no
  • Floor type/condition: ___________

Bedrooms

  • No. of Bedrooms: _______
  • Floor type/condition: _____________
  • Closets: yes/no

Basement

  • Adequate headroom: yes/no
  • Finished: yes/no
  • Door to outside: yes/no
  • Utility area (laundry): yes/no
  • Storage areas: yes/no
  • Cracks in walls/floor: yes/no
  • Drained or sump pump: ____________
  • Evidence of flood/moisture: yes/no
  • Recent renovations: yes/no
  • General condition: ____________

Electrical System

  • General condition: __________
  • Sufficient outlets: yes/no
  • Amperage: __________
  • Switches: fuses/circuit breakers
  • Wiring: aluminum/copper wiring
  • Meets current codes: yes/no

Plumbing

  • Copper pipes: yes/no
  • Signs of leaks: yes/no
  • Recent repairs: yes/no
  • Age: ________
  • Meets current codes: yes/no

Water Service

  • Source: city/well
  • Well: dug/drilled
  • Does well ever run dry: yes/no
  • Capacity: ______
  • Age of pump: _____
  • Size of feeder line from well to house: ________
  • Water agreement: yes/no
  • Water quality tested for potability: yes/no

Sewage/Septic System

  • Type: sewage/septic
  • Where’s septic field: _______
  • Holding tank & system recently checked: yes/no

Heating

  • Type: oil/gas/electric/steam/baseboard/heat pump/combination
  • Age: _____
  • Output: _____
  • Recent repairs: ______

Air Conditioning

  • Type: window/central
  • Age: _____
  • Size: ______
  • Recent repairs: _______

Hot Water Heater

  • Contract: leased/owned
  • Type: gas/electric
  • No. of gallons: _______
  • Efficiency: ________
  • Age: ________

Insulation:

  • Type: ______
  • Rating: _______
  • Asbestos or UFFI: yes/no

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Community

Check all that apply. Close to:

  • Schools
  • City services (fire/police/hospital)
  • Medical (doctor, dentist)
  • Shopping (grocery, pharmacy)
  • Parks
  • Playgrounds
  • Day care
  • Recreation/community centre
  • Public swimming pool
  • Public tennis courts
  • Golf course
  • Skating arena
  • Hockey arena
  • Restaurants
  • Gas station
  • Theatres
  • Public library
  • Major roads/highways
  • Places of worship
  • Possible problems: train tracks/congestion/on busy or noisy main road

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Local Neighbourhood

Check all that apply:

  • Urban/suburban/rural
  • Older/newer
  • Type of homes: ________
  • Age group of homeowners: __________
  • Quiet streets
  • Adequate street lights
  • Visible power/telephone lines
  • Well-cared for homes/yards
  • Sidewalks
  • General condition:
  • Space between homes
  • Adequate street parking/overnight parking restrictions
  • Possible problems: poorly maintained roads

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Home Location:  _________________________________________
 Address:  ________________________________________________
 Asking Price:  ____________________________________________
 Annual Property Taxes:  __________________________________
 Mortgage Terms:  ________________________________________

Exterior

  • Large lot and yard
  • Single-family detached home
  • Duplex/Triplex
  • Semi-detached home
  • Town home
  • Condominium
  • One storey home
  • Two storey home
  • Three storey home
  • Fenced backyard
  • Deck or patio area
  • Mature trees, landscaping
  • Low-maintenance landscaping
  • Swimming pool
  • Attached garage
  • One-car garage
  • Two-car garage
  • Private driveway
  • Enclosed front porch
  • Eaves troughs and downspouts
  • Brick
  • Wood
  • Aluminum siding
  • Recently painted woodwork

Home Location

  • Address
  • Asking price
  • Annual property taxes
  • Mortgage terms

Interior

  • 1 bedroom
  • 2 bedroom
  • 3 bedroom
  • 4 bedroom
  • 1 bathroom
  • 2 bathroom
  • 3 bathroom
  • 4 bathroom
  • Closet in foyer
  • Separate dining room
  • Fireplace in living room
  • Separate family room
  • Fireplace in family or recreation room
  • Eat-in kitchen
  • Island kitchen
  • Kitchen appliances with purchase
  • Kitchen pantry/adequate cupboard space
  • Garage has indoor access
  • Utility room (for washer/dryer)
  • Ensuite bathroom off master bedroom
  • Main-floor bathroom
  • Room for den or home office
  • Wall-to-wall carpeting
  • Hardwood floors
  • Plenty of closets/storage
  • Large windows
  • Thermopane windows
  • Window screens
  • Draperies or blinds
  • Basement for storage/workshop
  • Finished basement for additional living area
  • Apartment in basement for rental income

Systems

  • Efficient heating system
  • Oil heating system
  • Gas heating system
  • Electric heating system
  • Heat pump heating system
  • Wood heating system
  • Window Air conditioning
  • Central Air conditioning
  • Modern plumbing (copper) and fixtures
  • City water
  • Well water
  • High-amp electrical system (at least 100 amps)
  • Circuit breakers
  • Gas hot water heater
  • Electric hot water heater
  • Cable TV or antenna
  • Sewer
  • Septic Tank

Location

  • Nearby facilities
  • Quiet street
  • Shopping within walking distance or short drive
  • Parks/playgrounds
  • Golf course
  • Skating rinks
  • Restaurants /theaters
  • Community centre
  • Public swimming pool/tennis courts
  • Public library
  • Places of worship
  • Police
  • Fire department
  • Hospital
  • Medical (doctors, dentists, etc.)
  • Day care
  • Snow removal
  • Public transportation
  • Close to work
  • Near major highway
  • Schools
  • School-operated transportation
  • NOTES

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Source:  OREA (Ontario Real Estate Association) www.howrealtorshelp.ca

 

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Step 1: Make Sure You’re Ready to Buy

 

Step 1: Make Sure You’re Ready to Buy.

If you’re thinking of buying a home, this 12-step plan will help to guide you in the right direction. But before we jump right in, you have to make sure three things are ready: you, your bank account, and the real estate market.

Are you ready? Be sure.
 Owning the roof over your head will bring you great pride, but with that pride comes accountability and sacrifice. There’s the obvious financial responsibility, but your home will also require constant care and upkeep. That’s what real pride of ownership is all about.

Is your bank account ready? Check it twice.
 Your first home will be the biggest financial obligation you’ve ever faced. You should already be an experienced saver, and good at managing debt like student loans or credit cards. Ideally, you’ve also saved up some money for a nice down payment. Talk to your financial institution about the Home Buyers Plan too. Our next step will give you a crystal clear picture about how much you can afford.

Is now a good time to buy? Here’s the hottest market tip you’ll ever get.
 Markets go up, markets go down and even the smartest experts can’t accurately predict when a market will peak or bottom out. The good news is, if you’re buying a home as a long-term investment (and for long-term enjoyment), you’re protected from short-term changes in the market. Over time, real estate has almost always increased in value.

All you have to do is pick a home that meets the needs of you and your family. Then you’ll enjoy living in your investment as it grows in value. A home is one of the best financial decisions you can make, so make sure you think things through.

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Step 2: Figure Out How Much You Can Afford.

Before you start looking for your dream home, let’s find out how big you can dream. Knowing your true budget is the first and most important step in buying a home. Why?

A home is a big purchase.
 It’s probably the most expensive thing you’ll ever buy, and there are lots of expenses you might not even know about. Everybody’s total costs are different, but it’s almost guaranteed you won’t have that much money saved up. Hopefully you have enough for a nice down payment. Here’s the reality in detail:

Cost of buying a home =    One time costs (down payment, legal fees, inspection fees, taxes)   

Monthly costs (mortgage, utilities, maintenance, insurance, property taxes)

Yes, you need a mortgage.
 Step 9 is practically bursting with tips on how to arrange your mortgage but for now, we just need to figure out how much a bank will lend you.

How much will a bank lend you?
 Well that depends on how much you can afford each month. This is determined using two lending principals.

The first lending principle is that your monthly housing cost should not exceed 32% of your gross monthly family income. This principle is known as the Gross Debt Service (GDS) ratio calculation.

The second lending principle used, the Total Debt Service (TDS ) ratio calculation, is that your monthly housing cost and payments on all of your other debts (including loans, credit card and lease payments) should not exceed 40% of your gross monthly income.

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Step 3: Decide What You Want to Buy.

First, decide where you want to live.

Urban – The big city. Sure the prices are generally higher, but you can walk to a restaurant, maybe even to work. You’ll also have the widest range of housing options.

Suburban -Newer schools, newer shopping centers, bigger yards, bigger homes, no wonder so many people love the suburbs. But if you work in the city, be prepared for lots of rush hour traffic. It’s a packaged deal.

Smaller Cities and Towns – There are many wonderful self-contained communities, and compared to the big city, you can save a bundle.

Rural -If you like the idea of owning land, how about a few acres all to yourself? Seclusion is not for everybody, but for some, it’s heaven.

 

Next, decide what type of home you want.
 By now, you probably have a good idea of what type of home is right for you. To familiarize you with the terminology, here’s a quick overview:

Single-family detached
 As the name implies, the home is not attached to the home next door. Styles range from a single-story suburban bungalow, to a three-story Victorian.

Semi-detached or linked
 Two houses that share a common wall. Typically less money than a fully detached home.

Duplex or Triplex
 A two-storey or three-storey home, with each floor belonging to a separate family. Separate entrances are most common.

Town house
 Also known as terrace or row housing. Several homes with a common style joined in a row. They usually share walls on both sides. May come with a monthly maintenance fee.

Condo
 An upscale version of an apartment. Usually located in high-rise buildings with access to common elements. Maintenance fees usually apply. Condos also make a great first home purchase because they’re often thousands of dollars less than a detached home.

How Condos are owned
 You’ll own 100% of your unit, and a share of the common areas. Common areas include the necessary plumbing, electrical systems, hallways and elevators. They may also include lots of fun stuff like a private gym or party room.

Condo fees
 Membership has its privileges, and it costs. On top of your mortgage and property taxes, condo owners also pay a monthly fee to operate and maintain the common areas. Be sure to look into condo fees, and how well they’re managed, before signing anything.

 

New or Resale?

Resale. Previously loved.
 Nothing can match the charm and character of an older home. As a bonus, the previous owner may have made improvements and upgrades and you get them with the house, usually for less than the cost of putting them in yourself. However, some may have a little too much ‘character ’ like a leaky roof…know what you’re getting yourself into. You should always work with a knowledgeable REALTOR®, and as we cover in Step 10 never buy a resale home without a Home Inspection.

Ahh…that new house smell.
 You will be the very first person to live in your new home. In fact, your new home may be so new, that it’s not even built yet. You have the luxury of customizing your home to your décor tastes. But when you move in, be prepared for constant touch-ups by your builder; dust, mud and unpaved roads if your area is still developing; and shifting and settling of your home (cracks and popping nails) within the first year.

Before you commit to anything, carefully examine the property, the blueprints and visit other homes built by the same building company. Check to see you like the finishes they offer and the craftsmanship and quality of their work. Have your REALTOR® and lawyer review everything before you sign. While your home is being built, stay on top of the process and remember, you have a legal right to make a full inspection of the house before you accept it as complete.

You know what you want, but remember to focus on needs.
 Are you getting out of a two-bedroom apartment because it’s too small? Then your new home should have at least three bedrooms, and probably a second bathroom. REALTORS® call these must-have features “needs”. Features you’d like to have are called “wants”.

Your strategy should be to find a home within your price range that fulfills all or most of your “needs”, and as many of your “wants” as possible. Use the Dream Home Checklist to help you decide what you’re looking for in a home.

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Step 4: Find a Realtor® that is Right for You.

You know how much money you have, and you have a good idea of what you want. Now you need the help of a real pro, to make your search a success.

REALTORS®. Highly trained, and continually training.
 In Canada, licensed REALTORS® are members of their local real estate board, a provincial association and The Canadian Real Estate Association. This system of membership ensures the highest level of service and that you are always treated with honesty and integrity. This is backed by the REALTOR® Code of Ethics. Take a look at ‘The REALTOR® Commitment’ to learn more.

The Three REALTOR® Relationships
 The relationship between a real estate brokerage and a client is called “Agency” and there are three major kinds:

1.  Seller (Vendor) Agency
 The real estate brokerage and all its REALTORS® represent the seller exclusively and it’s their job to get the best offer on the home. They are legally obliged to tell the seller anything known about a buyer. For instance, if a seller’s REALTOR® knows a buyer will pay more for a property, they must tell the seller.

2.  Buyer (Purchaser) Agency
 The real estate brokerage and all its REALTORS® represent the buyer exclusively. They seek out homes that meet the buyer’s needs and help assess the merits and defects of potential homes. They keep the buyer’s information confidential and never disclose information like the maximum amount their buyer is willing to pay. You may be asked by your REALTOR® to sign a buyer agency agreement. In fact, in some provinces,
 REALTORS® are required to ask you for your own protection. This agreement ensures that the REALTOR® and the brokerage can look after your best interests.

3.  Dual Agency
 Sometimes, a brokerage may have an agency relationship with the buyer and the seller. Both the seller and the buyer must give their informed consent, and the REALTOR® must always provide full and timely disclosure of all pertinent information to both parties.

 

SELL AND BUY WITH THE SAME REALTOR®?
 Absolutely! Especially if you’re remaining in the same community. Your REALTOR® is already an expert on your needs, so it can save you a lot of time and energy.

Selecting a REALTOR®

There are lots of ways to find a REALTOR®. As you drive through prospective neighbourhoods, jot down the names and numbers of REALTORS® on the ‘For Sale’ signs. Open Houses are a great way to meet face-to-face. Maybe friends or family members have worked with a REALTOR® they love. Interview two or three and pick the one you like best.

How REALTORS® help buyers like you.
 A REALTOR® will review your list of wants and needs to help you determine your price range.

  • Answer questions about the markets you’re interested in and help you compare homes and    neighbourhoods.
  • Use the local Multiple Listing Service (MLS).
  • The MLS is the single most powerful tool for buying and selling a home. Your REALTOR® will give you access to exclusive features of the MLS system that the public is not privy to.
  • Preview properties to ensure you’re only shown homes that meet your needs and budget.
  • Make appointments and walk you through potential homes, answering all your questions.
  • Give up-to-the-minute information on financing and explain your mortgage options.
  • Negotiate with the seller, smooth out any potential conflicts and draw up a legally binding contract.

 

Stick with your REALTOR®
 One dream, one team. The REALTOR® you select will become an expert on your specific needs and tastes.
 Scattering your time and energy amongst multiple REALTORS® will work against your goal of finding your best home. And because most REALTORS® have equal access to the same property listings, there’s no real advantage to having multiple REALTORS®.

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Step 5: See What’s Out There.

The hunt is on! Time for you and your REALTOR® to find that perfect home.

Read all about it.
 Start reading real estate ads in local papers, or visit 
www.mls.ca. Let your REALTOR® know what you like. Visit areas you are considering and get a feel for them. Make note of the surrounding schools, shopping and recreational areas. Keep an eye out for not-so-great things like large industrial areas, railway tracks, high-voltage power lines and airports. Visit during the day and at night.

Open House, come on in.
 ‘Open houses’ are a great way to see inside the homes of your potential neighborhood. The hosting REALTOR® probably knows the local market inside and out, and will be happy to answer the questions that are bubbling up inside you – don’t be afraid to ask!

House hunting with your REALTOR® – hunting smarter
 If you’ve been very good, you’ve armed your REALTOR® with your Dream Home Checklist. Even if you’ve just talked about it, your REALTOR® knows what you’re looking for.

Welcome to the wonders of mls.ca
 REALTORS® run an incredible research tool called the Multiple Listing Service (MLS). You can view information about properties listed in MLS systems across the country at 
www.mls.cathe public advertising portal. Your REALTOR® will start sending you listings of potential homes right away. You’ll be amazed how fast and easy it is to zero in on your favourite few homes.

Work from a short list
 If you and your REALTOR® have done your homework, and used MLS listings to scout ahead, you only need to visit a handful of homes to make an informed and wise selection.

Stay objective when visiting potential homes
Walking through a potential home is a thrill, but try not to lose your head. Don’t let a giant kitchen island or swanky hot tub distract you from your real goal, finding a home that meets all your needs and fits your budget. That’s why we’re arming you with this comprehensive House-Hunting Checklist. Print it out and be sure to take it with you to homes you’re serious about buying. Good luck and happy hunting!

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Step 6: Sell Your Current Home.

Not many people can hold on to two homes, so you’ll probably need to sell the home you have now. Be sure to check our incredibly helpful 10 Steps to Selling Your Home. In the meantime, here’s a quick overview.

When should you sell?

Buyer’s and seller’s markets explained.
 When there are lots of people looking for homes but not many for sale, this is called a “seller’s market” because the seller has something everybody wants. When there are lots of homes for sale and not many people buying them, this is called a “buyer’s market” because buyers have more power of choice.

Wait for the market to improve?
 If you’re selling one home and buying another, you don’t really have to worry about playing the market. If you sell your existing home for a ‘low’ price, you’re probably also buying at a low price. If you are upgrading to a larger home, this actually works to your advantage. Imagine when your bigger home is on the upswing.

Seasonality. Do home sales get frostbite?
 It’s true. Winter sales tend to be slower, and Spring sales are more brisk. Regardless, there are always people looking to buy and sell, and seasonality is only one of many factors to consider.

If you need to sell fast.
 Talk with your REALTOR®! They are experts, and know the price that will make your home look attractive, without making you look desperate.

Buy first or sell first? The eternal question.
 Many people are able to time their sale and purchase so they happen on the same “closing date”. Buyers can make their offer “conditional” on the sale of their existing home, to make sure they’re not left paying for the upkeep of two homes. When selling, you can try to extend the “closing period” to give yourself more time to find your next home. REALTORS® are very skilled at this sort of negotiation, and can make your transition a lot easier.

Sell with a REALTOR ®, or go it alone?
 In the same way that many people decide not to fix their own cars or do their own dentistry, it’s wise to enlist a professional when selling your most valuable asset. Real estate transactions are complex, time consuming and involve a lot of legal documentation. Finding your new home and changing your life is hard enough! Your REALTOR® is expertly trained and highly motivated to get you the most for your home.

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Step 7: Add a Lawyer to Your Team.

Buying a home involves piles of legal documents. You need someone to translate the ‘legalities’ and ensure your best interests are protected.

Finding a good lawyer.
 There are lots of good lawyers out there. Ask your friends or people at work. REALTORS® will happily give you the names of several good lawyers. They can’t legally recommend just one, but they’ll only refer lawyers experienced in real estate. Be sure you ask how they structure their fees, and get an estimate of the other legal costs you can expect.

How your lawyer will help.

There are many, many legal steps to transferring ownership of land from one person to another. Even if pitfalls like fraud, government legislation, zoning issues or unpaid taxes don’t come up, your lawyer will more than earn their pay by making the legal transfer of the home a smooth one.

Don’t be scared of your lawyer.
 They are there to help you. Ask questions if you don’t understand anything. Explaining legal jargon in plain language is a big part of their job.

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Step 8: Make an Offer.

You’ve found a home? Congratulations! Now, if you actually want to make it yours, you have to make a successful offer, one that the seller will accept.

Preparing the offer.
 REALTORS® are expertly trained and will prepare the offer for you. Here are some terms you’ll see in the offer:

  • Buyer or Purchaser – That’s you.
  • Seller or Vendor – The present owner(s).
  • Purchase Price – The most important number.
  • Deposit – A cheque you write to the seller’s broker, who deposits it in a trust account. This is your way of saying “my offer is serious”. The size of the deposit is up to you.
  • Clauses particular to this agreement – Every transaction is unique, and your REALTOR® may add conditions important to you. Making your offer conditional upon a proper Home Inspection is a good idea.
  • Chattels included and fixtures excluded – Be sure you know what is included with the house! The washer and dryer, the microwave, draperies, light fixtures. Don’t leave anything to ‘chance’ because chances are, it won’t be there when you move in.
  • Irrevocability of the offer – The length of time you give the seller to consider your offer. Usually less than 48 hours.
  • Completion date – The glorious day you take possession! Often 30 or 60 days after signing.

About the offer.

When it comes to the type of offer you make, it really depends on your individual situation. Discuss your options with your REALTOR® to see which of these offers is right for you.

  • Firm Offer to Purchase

Usually preferable to the seller as it means you, the buyer, are prepared to purchase the home without any conditions.

  • Conditional Offer to Purchase

Usually means there are one or more conditions on the purchase, such as “subject to home inspection”, “subject to financing”, etc. The home is not sold unless all the conditions have been met.

  • Acceptance of Offer

An Offer to Purchase is presented to a seller who may choose to accept the offer, reject it, or submit a counter-offer. The counter-offer may be in regards to the price, closing date, or any number of other variables. Offers can go back and forth until both parties have arrived at an agreement or either side ends the negotiations.

 

Submitting the offer
 You’ve signed on the dotted line and your REALTOR® has whisked your offer to the seller’s REALTOR®. This process works best when you don’t meet the seller in person.

The seller can accept your offer – Fantastic, when do you move in?

The seller can reject your offer – It’s not common for an offer to be completely rejected. Your REALTOR® will likely investigate, to see if there was some sort of misunderstanding.

The seller can ‘sign back’ or counter your offer- The seller wants to alter ‘some part’ of your offer. It’s almost always the price. The seller will cross out the price on your offer and write a higher number. Now it’s your turn to sign back, and see if you can bring that number down. It can feel a bit like a ping-pong match. Emotions can run high, so both sides will be reminded that a little flexibility goes a long way. Good luck!

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Step 9: Arrange a Mortgage.

Money makes the world go round, and a mortgage gives you the power to buy a home. This isn’t the most fun step in buying a home, but it’s vital.

Who do you talk to?
 There are hundreds of banks, credit unions and other lenders out there who would love your monthly mortgage payments. So talk to everybody. Now is not the time to be money-shy! Talk to your banker and call around to other banks. Ask people you know. REALTORS® are very knowledgeable about Mortgages and have lots of good advice.

Call a Mortgage Broker.
 Mortgage brokers are another great resource. They find low rates for a living, and they usually don’t get paid unless you sign a mortgage through them, so they’re highly motivated to get you the best deal.

Your best mortgage might be the seller’s mortgage.
 You can sometimes take over or ‘assume’ the seller’s mortgage. This is a great idea if the seller is locked into a lower interest rate than you can get right now. Your REALTOR® can help you.

 

Mortgage Terminology

Mortgage term – Typically from six months to five years, the ‘term’ refers to how long the bank has agreed to lend you the money. At the end of the term, you usually renegotiate a new term.

Amortization – The length of time it will take you to pay off the whole mortgage. Often as long as 40 years, if you don’t accelerate your payments. The longer your amortization, the lower your monthly payments, but the more you pay in interest over time.

Interest rates – Interest is the cost of borrowing money, and the interest rate tells you exactly how much. Using the mortgage calculator, check the difference between borrowing $100,000 at 6% and at 9% at the same amortization. Surprising, no?

That interest rate not only affects how much you pay, it also affects how much you can borrow. So remember to keep searching for the best rate!

 

How big a down payment?
 You want as small a mortgage as possible, which means making the biggest down payment possible. Just remember to set money aside for all the fees associated with buying a home. Not to mention moving, repairs, renovations, new furniture...think ahead.

The RRSP Home Buyers’ Plan – A little sweet relief.
 If you’re a first-time homebuyer with money in an RRSP, you can withdraw up to $20,000 without paying any income tax. If your spouse is also eligible, that’s $40,000. Ask your REALTOR® how to best take advantage of this plan.

Lock into an interest rate - for how long?
 It’s a tough question. What if you ‘lock in’ for five years and rates go into a period of decline? That could mean you’re stuck paying more than you had to for a long time. But if rates were to steadily climb over the next five years, locking in for five years now would be a great move. For many, a long-term mortgage offers peace of mind in knowing that their mortgage payments will stay the same for several years. Your REALTOR® will have a lot of good advice.

What you need to apply for a mortgage.

  • Letter of employment confirmation – Ask your employer for a letter that confirms your position, your pay and how many years you’ve been with the company.
  • List your assets – Your car, stocks, bonds, GICs. Show which assets will be used for your down payment.
  • List your liabilities – Car payments, student loans, credit card debt. List all the money you owe, and note how you’re paying it off.
  • Social Insurance Number – And your chequing account number, and your lawyer’s contact information
  • Information about the house you want to buy-The home is your security on the mortgage, so the lender wants to know all about it.

 

Don’t forget these extra costs.
 Face your new financial responsibilities head-on, and you may even dodge some of them. And then won’t you look smart!

Application fee – Some mortgage lenders charge a fee to process your application. Many lenders will agree to waive this fee, so make sure you ask!

Appraisal fee – Your mortgage lender may need to have your new home appraised by a professional, and they often pass the bill on to you. Sometimes your lender will also waive this fee. Again, it doesn’t hurt to ask.

Mortgage broker’s fee – Your mortgage broker may charge a fee that’s payable on your closing date. Ask your broker, to avoid surprises.

Land survey fee – Lenders may require a survey of your property. It can typically cost between $600-$900. Lenders will often accept an existing survey. Get your lawyer on the case.

Home inspection fee – A home inspection is so important, we devoted an entire Step to it. Avoid surprises and protect yourself...this is money well spent.

Home Insurance – Mortgage lenders require you carry fire and extended-coverage insurance because your home is the security deposit on the mortgage. Often you can have these payments added to your monthly mortgage payments. Shop around.

Fire Insurance- Mortgage lenders require a certificate of fire insurance to be in place from the time you take possession of the home.  The amount required is generally the amount of the mortgage or the replacement cost of the home. This cost can vary on the property size, amount of coverage, the insurance company and the municipality. The cost can vary anywhere from $250-$600 annually for most properties.

Provincial Sales Tax on Mortgage Insurance- If your mortgage is insured, you will be required to pay the applicable taxes on the insurance premium on closing.  While the insurance premium can be added to the mortgage amount, the tax must be paid at closing.

Title insurance – Not mandatory, but it protects you from all sorts of fraud and potential errors surrounding the title to your land. It’s normally a few hundred dollars. Ask your lawyer for details.

Legal fees – Your lawyer is vital to the home-buying process. You’ll pay legal fees for their time and “disbursements” which are the costs involved in title searches, drawing up the title deed, and preparing your mortgage.

Maintenance and utility costs – Just a reminder, you now have more regular monthly payments in the form of property tax, utilities, repairs etc.

Land Transfer Tax – Most provinces charge a land transfer tax payable by the buyer, and is based on the purchase price. First time home buyers purchasing a new home may qualify for a refund. Ask your REALTOR® or lawyer to calculate the payment.

The HST and new homes – If you have decided to purchase a resale home, you successfully avoided paying HST. Nevertheless services associated with the property, such as a home inspection, will still be subject to a HST. When buying a new home, however, you will come face to face with that 12% HST rate of a combined 5% federal and 7% provincial tax. Make sure you confirm who is expected to pay this tax, you or the builder. On the housing offer, the purchase price will state "Plus HST" or "HST included" as well as the recipient of any HST rebates. For new properties at $350,000 one can expect a rebate of $23,800 and for properties worth $525,000 or more, one can expect a rebate of $26,250.

Closing Adjustments – The previous owner may have paid property tax or utilities in advance, and they want to be credited for those payments. Any bills after the closing date are the responsibility of the purchaser. A lawyer will let you know what they are once the various searches have been completed.

New Home Warranty- In most provinces new homes are covered by a new home warranty program. The cost to the purchaser for this warranty is approximately $600. Should the builder default or fail to build to an agreed-upon standard, the fund will finish or repair the deficiencies to a maximum amount.  For more information on Ontario new home warranty visit http://www.tarion.com.

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Step 10: Find a Home Inspector.

When walking through a home you’d love to buy, it’s hard to put aside your emotions and really ‘see’ what kind of shape it’s in. Now that you are buying, it’s time to see everything. Home inspections rarely cost more than a few hundred dollars, and their service can save you from unpleasant surprises when you move in.

Your offer to buy may be conditional upon a satisfactory home inspection.
 This is an increasingly standard condition on any resale home. If the seller doesn’t want you closely examining the home before you take possession, you have to wonder why.

Go with a qualified professional.
 Make sure your inspector is a member of a provincial association of home inspectors. It’s your guarantee they have the training and experience for the job. Your REALTOR® can recommend several home inspection companies to choose from.

What will they check during the inspection?
 Lots of stuff. Plumbing and electrical systems, the roof, visible insulation, walls, ceilings, floors, windows and the integrity of the foundation. They check for nasty stuff like lead paint, asbestos, mould, outdated and dangerous wiring, and they’ll look for evidence of pests like mice or termites. A good inspector should make you feel like you’re watching a CSI detective.

Join the inspection.
 There’s no better way to get familiar with your new home than being part of this checkup. If any problems are detected, you’ll see them firsthand, and you’ll also learn some maintenance tips from a genuine pro.

You’ll get it in writing.
 Their report will summarize the condition of your home. If there’s anything that needs work, the home inspector will provide an estimated cost for the repairs.

Home inspection for a new home?
 New does not equal perfect, and construction quality can vary greatly from builder to builder.
 Repairs and corrections will probably be covered by a provincial new home warranty program like Tarion, so bad news doesn’t necessarily mean it will cost you.

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Step 11: Close the Deal.

Your offer has been accepted and you can’t wait to move in. These are exciting times, but don’t break out the bubbly just yet. You have to close the deal. Your REALTOR® and lawyer will do most of the closing work, but here’s your checklist.

Closing checklist

  • Immediately begin satisfying any conditions of the agreement that require action on your part. Your REALTOR® will fill out the documents stating that the conditions have been satisfied.
  • Have your lawyer begin searching title to the property. This can take a while, so make sure you give ample time.
  • We recommend a home inspection to avoid any unpleasant surprises on move-in day.
  • Well before closing, get your homeowner’s insurance. Your insurance broker will give you a ‘binder’ letter certifying that you’re covered. You can’t get a mortgage without this letter!
  • Contact your lender and have them finalize your mortgage documents. Have your lawyer review them before you sign.
  • Your lawyer will transfer essential utilities like hydro and water, but you’ll have to make sure telephone and cable companies switch their services to your name.
  • If you rent, you must give notice to your landlord, or sublease your apartment.
  • Begin planning your big move! Where are those cardboard boxes? Book your moving service early to avoid scheduling problems.
  • Send out your change of address information and fill out a card at the post office.
  • Contact the Ministry of Transportation about changing your driver’s licenses.
  • A day or two before closing, you’ll meet with your lawyer to sign the closing documents.
  • Your lawyer will tell you in advance what certified cheques you’ll need to seal the deal.

The big day arrives

Deliriously happy and emotionally exhausted, here you are on closing day. You made it! If your lawyer has arranged everything well, closing day can be surprisingly low on drama. Before you know it, you’ll be handed the keys you new home.

Congratulations!

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Step 12:  Move In.

Moving day will come sooner than you think, so get planning now.

‘Closing date’ often means moving date.
 Unless you have major repairs or renovations planned, you probably want to move in the day you take possession. If you intend to move at the end of the month, contact a moving company or truck rental company now. Most people move during this time and there aren’t trucks and movers for everybody. If you can move mid-week or mid-month, a moving company might cut you a deal. Keep in mind, the closing process might not have the keys in your hands until early-to-mid afternoon. Verify with your lawyer and schedule your moving times accordingly.

Go with a reputable moving company.
 We’ve all heard moving horror stories. Go with an established, insured mover, so your items are protected. If any damage does occur by the movers, call the moving company immediately to notify them.

Pack it yourself, and pack early.
 Nobody will take the same care you will. Start early and spread it out over many days. Label all your boxes by room so the movers know where to put them, and label anything that’s fragile. Smaller breakables should be driven to your new home by you to ensure they are safe from breakage.

Do you really need to take that with you?
 A new home is a new lease on life, and a chance to liberate yourself from stuff you simply don’t need. If you haven’t used it or worn it in the last year, you don’t need it. Have a garage sale to make some extra cash for your move, or give your items to Goodwill or United Way. You won’t have to pack and unpack it, and it will become someone else’s treasure.

Once you move in.
 The boxes are mostly unpacked and you’re settling in nicely. You will now feel a strange urge to begin making changes and improvements right away. That old carpet has to go; a bigger deck would be great for entertaining...slow down! Take time to get a feel for your new home, and more importantly, your new budget. Take a deep breath and enjoy what you have, your new home.


 

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