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Once you’ve found a home that meets both your needs and your price range,
you can present the vendor with an Offer to Purchase. This offer or
agreement is legally binding. It should not be made casually.
Your offer or agreement will include
Basic details, such as your legal name, the name of the vendor, and the
legal and civic address of the property.
The purchase price. In a first offer, price is negotiable, so you may
want to start lower than your maximum affordable cost.
The items in the home which will be included in the purchase price. These
may include window coverings, appliances or satellite dish. Whatever items
are in or around the home that you think are included in the sale should be
specifically stated in writing in your offer.
All financial details. The amount of deposit, any interest to be paid on
it and details of mortgage financing.
The closing date. The day you take possession of the home. Usually 30 or
60 days from the date of agreement, but with some home sales, it’s often 90
days or longer.
Request for a current land survey of the property.
Expiration date and time indicates when the offer becomes null and void.
In addition, it is common to make a conditional offer. For example, you
may make an offer that is good only on the condition that you obtain
financing or that the house passes a home inspection or existing guidelines.
The process of presenting an Offer to Purchase
The process of making an offer, receiving a counteroffer and then revising
it again is not uncommon. However, it can seem like a bit of a roller
coaster ride - exciting but tense too. Still, it’s all part of making the
deal work best for the individuals and circumstances involved.
Your offer must usually be made with a deposit to the builder or his
agent. This deposit will go toward the purchase price on the closing date.
Deposits are usually no more than 10% of the purchase price. But a larger
deposit may tell the vendor that you’re very serious about your offer.
A deposit on an unaccepted offer will be returned. If you cancel an
accepted offer, you may lose your deposit.
Tips on making an offer
You may want to submit a conditional offer, a standard contract with your
own conditions. However, a clean offer with no conditions attached is often
more attractive to the vendor because it is most straightforward.
Often the vendor will make changes and return your offer. This is called
a counteroffer. You may accept, reject or even revise a counteroffer. Offers
and counteroffers often make changes to closing dates or chattel — but most
often they hinge on money.
It’s best to know what your absolute upper limit is before you start
negotiating or you may get caught up in the action and offer more than you
really can afford.
Building your own home
If you are hiring a contractor or builder to construct your home, there are
some special considerations. Custom-built homes are usually contracted at a
predetermined fixed cost or on a cost-plus contract, which means you pay the
builder the cost price of labour and materials and an agreed-upon overhead
charge. That charge is either a fixed fee or a percentage of the cost of the
job.
Always use a written contract with a builder. This contract should
outline the payment schedule and other details of the construction process,
such as who is responsible for dealing with public authorities, getting
building permits and arranging inspections.
Specify materials as precisely as possible. Be specific about finishes,
the type of tile, Paint finishes of fittings. Provide brand names and model
numbers, if possible.
Know your financial limits before you start negotiating
A typical payment schedule begins with a deposit of 10% of the
agreed-upon total cost of the home when work starts. Payments are then made
in scheduled installments, in accordance with the percentage of work
completed.
Don’t make the final payment until the entire job is finished, inspected
and approved by the building inspector.
In some areas it is a practice to hold back 10% of the total cost of each
payment to the builder until 45 days after the building is completed. This
protects you from any liens against the property by subcontractors.
The process of buying a home has its ups and downs. As long as you’re
prepared for them, the ride can be exciting and rewarding.
Closing the Deal and Moving
Make a smooth transition to your new home by taking care of all the small
details ahead of time.
Closing is a process during which all the legal and financial obligations
stated in your Offer to Purchase will be met. Here’s an outline of what to
expect.
- Show your lawyer the agreement.
- A copy of the signed Offer to Purchase is sent to your lawyer, who
will examine any conditions of sale and note the closing date. You’ll also
tell your lawyer how you, and any other co-buyers of the house, will be
registered on the title to the property.
All conditions of your offer are met
During closing, all conditions in the Offer to Purchase must be satisfied by
the stated dates. For example, you may have made the sale conditional upon a
home inspection. This inspection should be completed before you continue
closing.
A land survey is done
You’ll have to arrange for an up-to-date land survey on the property. Your
lender will insist on this survey
Your lawyer searches the title
Once all specified conditions have been met, your lawyer will search the
title to the property. This ensures that the vendor does really own the home
and that you can purchase it without any legal problems.
Check into taxes and liens
Your lawyer will also be checking into government regulations and other
legalities. These include ensuring that the property taxes on the house are
up to date and that there are no liens.
Mortgage details are finalized
Your lawyer or lender will also draw up and finalize your mortgage
documents. If you are using financing options, such as a vendor take back
mortgage, you’ll need your lawyer to prepare this document too.
Arrange your utilities
It’s up to you to make arrangements for final payments of utilities at
your old home and to begin service at your new home. Now is also the time to
make arrangements for moving.
It’s all over but the signing of the cheque
Your lawyer will prepare a Statement of Adjustment, which will confirm the
selling price, the amount you have to pay the vendor, the balance of the
down payment and adjustments. A certified cheque for this total should be
made payable to your lawyer in trust. You’ll also owe your lawyer for legal
fees, which include closing costs and disbursements.
Closing Day
The day you finally succeed in realizing your goal! It’s the day you can
actually call your new home yours. Closing is the day you get the keys and
legally take possession.
It’s a day for feeling great satisfaction at reaching your goal.
Your lawyer or representative pays the vendor, registers the home in your
name and provides you with a deed and the keys.
Moving from one home and neighbourhood and discovering a new one is an
exciting process. But it can also be hectic and, if it’s not well planned,
it may seem to get more frenzied as the big day approaches. To help make
moving a smooth transition for everyone, plan ahead!
Hiring a Mover
Friends or relatives may be able to recommend a mover, but you can also ask
the mover for references. You’ll also want the mover to give you an estimate
and outline of fees. Is there a flat rate or hourly charge?
During the move, you’ll want to ensure that your belongings are insured.
Your home or property insurance may cover goods in transit but call your
broker to make sure and to see what the limits are. Many moving companies
offer additional insurance coverage.
Once you’ve selected a mover, have a representative come to your home to
see what will be moved. Tell the mover how much of the packing you will do
yourself.
Packing for yourself will save money but could take up time.
If you decide to do your own packing to save money, keep in mind that you
need the proper materials and the time. Experts estimate that it takes two
people approximately two to three days to prepare and pack the contents of
an average three-bedroom home - that’s a full-time job!
Professional movers have special crates and wooden cases for mirrors and
dishware. But they are not responsible for items such as jewelry, currency
or important papers. You will have to move these personally.
On moving day, go through the house with the van supervisor and give any
special instructions. For example, if you want a certain item, such as an
antique chair or a gas stove to be the first out of the van at your new
home, it should be packed last. The movers will also make note of the
condition of your goods on an inventory list.
Accompany the supervisor through the house as the list is made to make
sure it is complete and accurate. Then, when the van arrives at your new
home, mark off the items on the mover’s list as they are unloaded.
You’ll sign for the receipt of goods, subject to complete unpacking and
inspection.
Most movers will unload and unpack boxes and remove packing materials,
but movers do not put dishes or linens into cupboards.
There are a variety of people and companies to inform when you’re moving
into your new home.
You need to call the phone company and other utilities to discontinue
service at your old address and start it at your new home. You may want to
notify them as soon as possible and then confirm with them closer to your
actual moving day. It’s also a good idea to send written notifications of
change of address to friends, family, and various other interested parties.
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