Dave Proulx

HERE YOU GO!

To guide you safely and comfortably through the closing period, which usually ranges from 30 to 90 days. I will:

• Arrange Buyer Access visits to your new home for you, typically 2 viewings or as outlined in the Agreement of Purchase and Sale, so you can see your new home and take measurements, plan interior decorating, renovations etc.
• Advise you on any inspections that might be needed, such as home inspections or mortgage appraisals.
• Recommend trusted tradespeople to you so you can start receiving quotes for any renovations you may wish to carry out once the home is legally yours, this can cut down the wait time.
• Provide you with valuable contacts to trusted professionals such as expert real estate lawyers, mortgage brokers, and movers.
• Explain the costs and fees to you, such as helping you calculate your Land Transfer Tax.
• Recommend moving tips and remind you of important things to do, such as switching your utilities over to the new home in time. Remember, there may be a pre-payment cost on taxes, hydro, gas, and fuel etc…
• Help you answer questions about your new property for your insurance company that you might not know the answers to.
• Check in with you on a regular basis to make sure everything is going well and you are prepared for the big move to the area.

 

Below is some detailed information on the role of a real estate lawyer and on what you need to do when working with your lawyer and securing a mortgage. Your lawyer should advise you what expenses you are likely to incur with respect to the closing procedures, including:

• Legal Fees + HST and Disbursements
• Land Transfer Tax: Ontario Land Transfer Taxes are payable by the Buyer through their lawyer upon closing of the transaction.

The formula for calculating Ontario Land Transfer Tax is:
0.5% on the first $55,000
Plus 1% of the amount from $55,001 to $250,000
Plus 1.5% of the amount in excess of $250,001 to $400,000
Plus 2% of the amount in excess of $400,000

If you have bought a new home from a builder, the lawyer can give you an educated estimate as to how much you should budget for “hidden charges” such as:

• Ontario New Home Warranty Enrollment Fee
• Hydro and Water meter installation charges
• Fencing charges
• Grading Deposit charges
• OTHERS

If all the conditions in the Agreement have been met and the Offer is firm, the lawyer proceeds to investigate the title to the property. Initial searches include:

• utility searches
• property tax searches
• building, zoning and planning searches
• registered title searches

A Tax Certificate is requested by your solicitor to verify the amount of the current year’s taxes and to ask about any arrears and outstanding charges for taxes. Your lawyer will also write to the Building and Zoning Department to get the full particulars of zoning by-laws and restrictions and permitted uses for the area

A Search of Title to the property is begun in the Land Registry Office to make sure the Seller is the true owner of the property, has the right to sell you the property, and that the property is not subject to any encumbrances, encroachments, easements, liens, agreements or mortgages that were not disclosed in the Agreement or Purchase and Sale. This search has to be completed prior to the Requisition Date (title search date) shown on your Agreement of Purchase and Sale.

If you are getting a mortgage, you MUST have fire insurance to cover the property from the day of closing. Let your insurance broker know the name, address, phone number and fax number of both your lawyer and of the financial institution providing your mortgage. Your lawyer needs a letter confirming that insurance coverage is in place effective on closing in order to advance the money to close your purchase.

(19 votes, average: 4.84 out of 5)
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HERE YOU GO!

When I draft the legal purchase documents, there are five main elements to keep in mind:

• Price – this does not have to be the same as the Seller’s asking price. There are many factors to consider, Is the home priced at fair market value? Is there work that needs to be done immediately, Has the home been on the market long? Are homes moving quickly in the area? I will help you determine all of these factors and help you decide on a good price.
• Deposit – shows your good faith and will be applied against the purchase of the home when the sale closes. A deposit should be at least 5% of the home’s purchase price.
• Conditions – standard conditions can include the following clauses: subject to home inspection, subject to you obtaining financing, or subject to you selling your existing property. However, a condition can specify almost anything. Sellers obviously do not like to have their homes effectively off the market while they wait for conditionals to firm up, so the shorter the conditional period (i.e. 3-5 business days) the better chance the Seller will accept your offer.
• Inclusions/Exclusions – your offer may be contingent on including certain home items in the sale, such as appliances, fixtures, and finishing items, if you like it then it can be included.

The Closing Date – the Seller will often specify the date or date range they would like to close on the property and your offer should closely match this. The closing date is the day the title of the property is legally transferred to you and all funds go to the Seller.

(22 votes, average: 4.95 out of 5)
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THINGS TO LOOK FOR WHILE VIEWING

One of the hardest things to do when looking for a home is to remain objective because it’s easy to fall in love with a home’s appearance, but it is also important to look beyond the outer layer, because sometimes appearances can be deceiving.

Here are some things to look for when viewing a home:

• General upkeep – is the home dirty or cluttered and are the lawns uncut? If the owner has not bothered to keep the house looking clean and attractive, what problems could be lurking below the surface?
• Water leaks – water rots wood, destroys foundations and leads to mold and mildew just to start. Re-shingling a house or repairing a cracked foundation can be very expensive. Look for stains, bulges and other signs of damage on ceilings and walls, loose crumbling grout around bathroom & kitchen tiles could mean leaking water. It takes an expert eye to find many water leaks so please feel free to bring a professional with you on our showing, or I can also arrange to commission a home inspection if the seller has not already provided one from a reputable company.
• Do things work? – where possible, test the lights, faucets, toilets, furnace, air conditioning, and all major appliances that will be included with the home sale and make sure everything is working as it should
• Floors – should be smooth, even and solid, otherwise, repairs may be needed
• Doors and windows – should fit snugly and operate smoothly. Look for flaked paint and loose caulking. Checking for drafts is always important
• Outside – walk around the yard looking for areas where water might collect. Soggy areas near the foundation indicate poor drainage
• Look for deep cracks in the foundations or loose mortar and bricks
• Be sure to bring a measuring tape if there are any large items that you want to ensure fit in your new home as doorways may not allow

 

Home is the nicest word there is. It’s not a place, it’s a feeling.
Ray Brown

Sellers are contractually obligated to disclose all problems in their homes that they know about, HOWEVER, nothing can replace the expert opinion of a qualified home inspector. A qualified home inspector can give the home a thorough examination, checking heating and cooling systems, plumbing and electrical systems, the roof, attic, walls, ceilings, floors, windows, doors, foundation, basement, basically all visible structures of the home. They will point out the need for major repairs if necessary and identify areas that might need attention in the near future. What level of maintenance will be needed to keep the house in good shape, most home inspectors in the area are more than happy to tell you about the home’s good qualities as well, so you can decide if it is a good fit.

(18 votes, average: 4.89 out of 5)
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BEGINNING YOUR SEARCH FOR A HOME

Before we look at homes we will sit down for a complete consultation so that I may get a better picture of what your ideal scenario is. During our consultation, we will discuss your home ownership goals, wish list and desires including your preferred neighborhoods, price range, time frame, and of course to answer all of your questions.

Here are some things to consider when compiling your list of needs vs. wants:

• Where do I want to live? or anywhere in between (community/general area)
• Are schools a factor?
• Do I want an older home or a new one? What style of home do I prefer? (detached, townhome/condominium, multi-family, bungalow, farm, acreage) There is every choice available in the area.
• How much renovation and remodeling am I willing to do? Can I see past a coat of paint?
• Is being close to public transportation important for me?
• Do I have physical requirements such as wheelchair access or others?
• Do I have pets to consider?
• What sort of lot am I looking for? (small yard, large yard, acreage, fenced, garage, workshop, barn or other buildings)
• How many bedrooms do I need and how many would I like to have?
• How many bathrooms do I need and how many would I like to have?
• How big of a house do I want with how many rooms and how many square feet?
• What features are important to me? air conditioning, carpeting, ceramic tile floors, hardwood floors, eat-in kitchen, separate dining room, formal living room, family room, den, library, finished basement, separate laundry room, fireplace, workshop etc…

Another key factor we will consider is whether you already have a property to sell. The question of whether to buy first or sell first has a different answer for everyone and depends on the individual. It is always a risk to buy before you sell, but it is also a big inconvenience not to find a home and have to move into a rental for a couple of months while still looking for a house to buy. I have helped many buyers choose which option is best for them while negotiating closing dates and conditions that work best for the planned move(s). If you have a home to sell, I can help you improve its ability to sell so you will receive the highest market value for it and put yourself in a great situation.

Throughout the home search, I am here to help you navigate the ups and downs and you can count on me to:

• Pre-screen the online properties you see, keeping your ultimate goals in mind so you are not wasting your time sifting through hundreds of property listings that don’t match all of your criteria
• Recommend the best homes and neighborhood for viewing based on my area expertise in the area.
• Make you completely aware of what your dollar will get you by finding opportunities, great homes near your main search areas
• My office will arrange all of your viewings and I will personally guide you through the viewing process, showing you feature and or problems you may not have spotted
• Advise you about your legal and financial options available to you
• I can recommend expert help when needed, such as home inspection and contracting services.

My goal is to have all the information you need to make well-educated, stress-free choices when purchasing your new home.

(25 votes, average: 4.92 out of 5)
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