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Buying a Home
A
REALTOR must disclose to you in writing, who exactly
they represent in any real estate deal. A REALTOR
may represent you as a buyer or a seller; he or she
may also represent both buyer and seller in the same
transaction. Because all REALTORS are guided by a
stringent Code of Ethics and Standards of Business
Practice, a REALTOR will always treat you fairly.
As
your agent, the REALTOR owes you the duties of
utmost care, integrity, confidentiality and loyalty.
Make sure you discuss agency with your REALTOR. In
most provinces, if a REALTOR is showing you homes,
they are automatically deemed to legally be your
agent, and owe you all of the associated
obligations.
If
you've decided to buy a home, start by determining
what type of community, or specific neighbourhood,
you're interested in. List your space needs,
including:
-
living space requirements (i.e. how many
bedrooms);
-
what you're bringing with you from your old
house;
-
how
close to schools, shopping and other services;
-
the
size of down payment you can afford; and,
-
price range.
It's
important to be realistic when you're thinking about
a down payment and setting a price range. You don't
want to be saddled with something you can't afford.
At this stage, it's a good idea to talk things over
with a real estate sales professional.
Once
you've identified the features you want in a home,
the search begins. A REALTOR will use various tools
to try and find properties that meet your
specifications. One of the important search tools
will be the local MLS® system. By sitting
down at a computer the REALTOR can key in your
needs, choice of neighbourhoods and price range and
immediately come up with a list of suitable
properties available through the MLS®
system. Also common are MLS® catalogues,
which provide additional information about each
property, along with its photograph. Both computer
systems and catalogues are updated regularly.
You
can also view MLS® listings posted to the
national mls.ca web site. It
features area maps, photographs of available
properties and has links to the listing agent.
When
you select a property and decide to visit a house,
there are many things to consider. Does it have all
the features you wanted? Is the neighbourhood what
you expected? Try to picture your favorite
furnishings in a room. Remember all of the technical
considerations:
-
what type of wiring does the house have?
-
what about power outlets? Different appliances
use different types.
-
what type of heating system does it use?
-
what about the roof and foundation?
-
what condition are the windows in?
-
what about the plumbing?
There are other things to look at as well. If you
don't have time or don't feel comfortable doing it,
home inspection services are available for a
reasonable fee. Having a qualified home inspector
look at the house is always a good idea. The older
the home, the greater the need for professional
inspection.
Once
you find the house you want to make your home, you
can work with a REALTOR to develop an offer. In the
offer, you should specify how much you're willing to
pay. State when the offer expires, and suggest a
closing date for the transaction. You can also
propose some conditions on the offer. Some common
types of conditions are:
-
getting a suitable mortgage (include the amount,
interest rates and any other figures you feel
important);
-
selling your current home (the seller may
continue to look for a buyer, but will give you
the right of first refusal);
-
the
seller providing a current survey, or a "real
property report," showing the location of the
house on the property owned by the seller and
that there are no encroachments;
-
the
seller having title to the property (your lawyer
will check this out when he or she conducts a
title search to see if there are any liens on
the property, easements, rights of way or height
restrictions);
-
if
there is a septic system, the seller should have
a health inspection certificate, stating the
system meets local standards;
-
if
you still have any doubts about the home's
safety and construction, you may wish to make
the purchase conditional on an inspection by a
qualified engineer;
-
any
inclusions - basically, what stays and what
goes.
You
will need to present a deposit along with your
offer. An appropriate deposit will show your good
faith to the seller. The seller's agent is bound by
law to bring all offers to the seller's attention.
After your offer is accepted and all the conditions
are met, the offer becomes binding on both sides. If
you walk away from the deal at that point, you may
lose your deposit. You may also be sued for damages.
Therefore make sure you understand and agree with
all of the terms of the offer before signing.
One
issue for most buyers is the affordability of the
mortgage. A quick way to calculate how much you can
afford is to use the gross debt-service formula
(GDS). Most financial institutions will require that
the Principal, Interest and Taxes (PIT) on your
mortgage loan not exceed 30 per cent of your gross
income. Increasingly, financial institutions will
factor energy costs into the PIT formula, moving the
rule of thumb GDS from 30 to 32 per cent.
You
can work it out in reverse: multiply the monthly
payment on principal, interest and taxes (include
any condominium maintenance fees) by 40. So if your
monthly payment for these items is $1,000, you'll
need a gross annual income of at least $40,000.
Discuss your mortgage limit and different types of
mortgages with your REALTOR or financial advisor
before you seriously begin the search for a home.
Through the mls.ca web site, home
buyers can automatically calculate their estimated
mortgage payments on listings. Simply find your
desired property and click on the mortgage
calculator to determine what your estimated monthly
mortgage payment is on that specific listing.
No
matter what type of home or property you're buying,
plan on some extra expenses. In some provinces, you
may have to pay a land transfer tax (a sales tax on
property).
You may also have to pay:
-
a
mortgage broker's fee:
-
an
appraisal fee;
-
surveying costs (if the seller couldn't come up
with a current survey); and,
-
a
high-ratio mortgage insurance premium.
-
an
interest adjustment. Mortgages are normally
calculated from the first of each month: if your
closing date is the same as the beginning of
your mortgage, there will be no adjustment.
However, if your closing date is July and you
move in on June 15, those last 15 days are the
interest adjustment period. Your lender will
expect you to cover the cost of the interest
during that time.
You'll also have to reimburse the seller for the
unused portion of any prepaid property taxes or
utility bills. As well, you must also pay any legal
fees, and, if applicable, any REALTOR fees. Be
prepared to furnish proof to your lender that you
have insured your new house as well.
Before the property can formally change hands, there
are still a few things to do. On or before closing
day, your lawyer and the seller's lawyer will
arrange to transfer title of the property from the
seller to you. The mortgage money will be
transferred to your lawyer's trust account, and then
to the seller, and your lawyer will bill you all
additional expenses such as land transfer taxes or
outstanding legal fees.
At
this time, be sure to check with your lawyer that
everything is as stated in the offer-to-purchase.
Once you're satisfied and the keys to the front door
are in your hands, there's nothing else to say...
except welcome home!
(Note: The comments contained on this site are for
information purposes only and do not constitute
legal advice.) |