Avoiding Common Real Estate Mistakes: A Guide to the Pitfalls of Buying a Home Posted on November 26, 2025IntroductionAvoiding Common Home Buying Pitfalls: Your Strategic AdvantageOver the years, we have shared comprehensive guides for both home buyers and sellers. This guide takes a different approach, focusing on the common home buying pitfalls that can derail even the most promising home purchase.This includes a closer look at the home buying pitfalls that every buyer should be aware of.Buying a home isn’t just about finding the right property, it’s about avoiding the wrong decisions. Many buyers rush in unprepared. That often leads to regrets, delays, or financial surprises.This guide is your strategic advantage. It outlines the most frequent pitfalls, how to avoid them, and how to move forward with confidence and clarity. Whether you’re a first-time buyer or a seasoned mover, what you don’t know can cost you, but it doesn’t have to.What are your Long-Term Plans?As you embark on the home buying process, it’s essential to assess your financial situation and set realistic mortgage expectations. You should also evaluate your long-term goals, preferred neighbourhoods, and property requirements.Equally important is understanding the legal considerations, market trends, and timing that affect your decision. Clear communication and defined roles among all parties will help the process run smoothly. This includes your real estate agent, lawyer, and other home buying stakeholders.Setting expectations and deadlines helps prevent misunderstandings, while proactive planning keeps the transaction on track and ensures that critical steps aren’t overlooked.Why Planning Matters in Home BuyingBuying a home is one of the biggest financial decisions in your lifetime. It requires careful planning and informed decision-making.This guide provides a roadmap to help you anticipate challenges and apply best practices. Avoiding Planning Pitfalls in Home BuyingBuying a home can feel exciting and overwhelming. It’s a big financial decision. Without a clear plan, small missteps can quickly become costly setbacks. In business, major initiatives rely on structure and expert guidance to succeed. The same applies to a home purchase.According to the Project Management Institute (PMI), strong planning leads to significantly higher success rates and fewer problems. When applied to real estate, it helps prevent financing delays, sales agreement missteps, and stressful surprises at closing. With the right plan in place, buyers feel more confident and more prepared. They are also far less likely to overlook critical details that could cost them laterA Planning Method That Helps You Avoid Common Home Buying PitfallsOne tool that helps buyers plan more effectively is the PDCA (Plan-Do-Check-Act) framework. Originally developed for business process improvement, PDCA offers a practical, flexible approach to planning. It is especially useful in complex decisions like buying a home.When applied to real estate, PDCA helps buyers stay focused and adjust when needed. PDCA also helps them avoid common pitfalls that come from unclear or incomplete plans.Why Planning and Teamwork Matter in Home BuyingEven small missteps in the homebuying process can lead to setbacks. A well-organized plan keeps everything on track. It also ensures your team, including your mortgage lender, real estate agent, lawyer, and home inspector, stays aligned.Buying a home involves many stakeholders, legal considerations, and financial factors. Whether you’re a first-time buyer or have experience in real estate, it helps to understand what to do and what to avoid. That knowledge supports informed decision-making.Legal requirements, market trends, and negotiation strategies all play a role in preventing costly mistakes. They also help ensure a smoother transaction.To help you navigate confidently, this guide is broken into six sections:The Power of Planning and How PDCA Enhances Your Strategy.Common Pitfalls to Avoid When Buying a Home.Securing Your Home: Avoiding Mistakes in the Offer Process.The Role of a Lawyer in Real Estate: Common Pitfalls and Best Practices.Next Steps: Avoiding Pitfalls and Applying Best Practices in Real Estate.Additional Resources: Expand Your Knowledge.Each section will explore potential risks, best practices, and strategies from a buyer’s perspective.Why Some Pitfalls May Appear More Than OnceThroughout this guide, you may notice that certain topics resurface in different sections. This is by design.Many of the most common home buying pitfalls are connected. The best ways to avoid them often involve overlapping strategies like better planning, early professional involvement, or stronger communication.To make this guide as useful as possible, we’ve included tailored advice at each stage of the process. Some solutions may sound familiar, but the context and timing are what make the difference.Whether you’re just starting out, making an offer, or preparing for closing, you’ll find guidance that speaks to your situation. This guide does so without losing sight of the bigger picture.Final ThoughtsMany of the challenges home buyers face, including financial surprises, overlooked legal details, and missed deadlines, don’t happen by chance. They happen because the plan was either unclear, incomplete, or never adapted as circumstances changed. In real estate, just like in business, poor planning creates unnecessary risk.That’s why the first section of this guide introduces a proven framework for better planning. It is called ‘The Power of Planning and How PDCA Enhances Your Strategy.’ You won’t need to master the framework. Understanding how to apply it still makes a meaningful difference. It helps you avoid common home buying pitfalls, stay on track, and feel more confident in your decisions.Let’s begin with a closer look at how structured planning improves every part of your journey, and why effective planning is the foundation of a successful home purchase. 1. The Power of Planning and How PDCA Enhances Your StrategyThe PDCA (Plan-Do-Check-Act) framework was originally developed for quality management in business.In this guide, we’re using PDCA as a structured approach to help strengthen planning during the home buying process. It also reduces the risk of common pitfalls.In real estate, PDCA can help buyers stay organized, avoid pitfalls, and make confident, informed choices.Applying the PDCA Framework to Home BuyingHere’s how PDCA helps structure the home buying process, making it more organized and less stressful:Plan – Lay the Groundwork. Research the market, clarify your goals, and prepare for what’s ahead. A well-thought-out plan reduces stress and costly misstepsDo – Take action. Engage trusted professionals like a real estate lawyer, real estate agent, and mortgage expert early in the process. Their guidance helps ensure you’re making informed choicesCheck – Review and Verify. Think of this as a progress check-up, double-check contracts, financing, inspections, and legal requirements. Catching issues early helps prevent bigger problems laterAct – Finalize Decisions or Adjust Your Approach. If something doesn’t go as planned, reassess and restart the cycle. Adaptability is essential. Real estate decisions may not follow a strict step-by-step path. At times, they require reassessment as new details emerge, leading to a repeated cycleWhy PDCA is More Than Just a One-Time ProcessPDCA isn’t just a one-time process. It is a continuous improvement tool that allows you to refine your approach, avoid pitfalls, and make confident choices at every step.Whether you’re new to home-buying or a seasoned homeowner, applying this framework may help you navigate the market. It can give you greater strategy and confidence.While the market can be competitive, a structured approach to planning reduces uncertainty and helps you achieve your real estate goals.By applying the PDCA framework, you can stay organized, adapt quickly to new information, and make more confident decisions. This clear, flexible method may help you stay on track and reduce the chance of costly oversights. It may also help ensure your plan stays aligned with your goals.Final ThoughtsMany home buying mistakes don’t happen simply because people overlook parts of the process. They happen because the plan wasn’t flexible enough to handle real-life complexity. That’s where PDCA comes in. This adaptive planning approach supports better decision-making, earlier course correction, and stronger coordination with your real estate team. With the right framework in place, you’re not reacting to problems. You’re anticipating them, avoiding them, and moving through the buying process with greater clarity and confidence. 2. Common Pitfalls to Avoid When Buying a HomeUnderstanding Common Home Buying PitfallsBuying a Home Is More Than Finding the Right PropertyBuying a home is one of the most important and financially significant decisions you will make. Whether you’re purchasing in Toronto, the Greater Toronto Area (GTA), or anywhere in Ontario, it’s essential to consider every aspect of the process. This includes financial planning, legal obligations, market trends, and property inspectionStart with Financial Clarity and Trusted GuidanceBegin with Financial ClarityStart by assessing your financial situation and setting realistic mortgage expectations. Early engagement with professionals such as a lawyer and a real estate agent may provide valuable guidance as you begin the home buying process.Why Early Preparation MattersMany common home buying pitfalls begin long before an offer is made, which is why early preparation matters.Establishing clarity early in the process provides helpful context and supports stronger decision-making. Their guidance may help you make informed choices. Seeking advice early often helps you avoid misunderstandings and reduces the chance of unnecessary issues later in the process.Moving from Preparation to Best PracticesWhile there are common pitfalls that many buyers face, simply avoiding mistakes isn’t enough. A proactive approach, including implementing best practices, is necessary for a smooth and successful home purchase.This section highlights common pitfalls and the steps you may take to avoid them. It also offers essential strategies that may guide you toward a stronger outcome in the home buying process.Understanding and addressing pitfalls, incorporating key avoidances, and applying best practices may help you confidently navigate the home buying journey. This guidance supports you from start to finish.The combination of careful planning, active engagement, and thorough review will ensure you make informed, well-thought-out decisions throughout the process.Common Home Buying Concerns on Buyers’ MindsWhat Buyers Are Most Worried About Home buyers have many factors and concerns on their minds prior to and during the home-buying process. These concerns can include:Can I afford to buy a home, make the payments, and cover upkeep and maintenance?How can I lock in a mortgage rate before rates rise?Will I qualify for a mortgage, especially with rising interest rates?How do I avoid overpaying or purchasing beyond my means?Where should I live? What will the neighbourhood be like? Will it be close to work and essential amenities?Will my home’s value drop?Am I budgeting for ongoing maintenance costs?Will the home I’m buying have hidden issues I can’t afford?Why Income Stability MattersOne factor that deserves more attention is your career prospects and job security. How secure do you feel in your job or career? What about your future income? It’s important to ensure you’re financially prepared for the long-term commitment of homeownership.Buying a home is a significant financial decision, and you don’t want to stretch your budget beyond your means. Your future income and your down payment play key roles in determining mortgage costs and affordability.Make sure you’re comfortable with both the upfront costs and the ongoing financial responsibilities before moving forward.Common Mistakes Many Buyers MakeAs mentioned earlier, buying a home is a major financial and legal decision. Yet, many buyers fall into common traps, including:Failing to work with professionals early in the process (e.g., a lawyer or real estate agent)Not getting pre-approved for a mortgageRushing important decisions without careful thoughtSkipping a home inspectionLetting emotions drive their decisionsOverpaying for the propertySkipping essential due diligence checksForgetting to budget for additional costs, including closing costsIgnoring long-term needs such as family growth, proximity to schools, and career advancementsEntering into agreements without fully understanding themAll these factors can lead to regrets, turning what should be an exciting milestone into a stressful and costly experience.Rushing decisions, overlooking key financial details, or failing to secure professional guidance may leave buyers feeling unprepared and vulnerable. However, taking a structured approach can help mitigate these risks.How PDCA Helps Reduce These RisksHome buyers often move through the process while juggling financial decisions, legal requirements, inspections, and timing.With so many moving parts, it can be easy to feel overwhelmed or to overlook important steps.A structured approach helps reduce that uncertainty and may prevent important steps from being overlooked. The PDCA framework brings order to each stage of the home buying process, helping you plan ahead, review key details, and adjust your approach when needed.By relying on a consistent method, you may lower the risk of costly errors and make more confident, well-supported decisions. The PDCA framework can help structure the home buying process strategically, reducing risks and supporting clearer choices throughout your journey. A Strategic 4-Step Approach to Avoiding Home Buying PitfallsStep 1: PLAN – Lay the Groundwork for a Successful Home Purchase Why Planning Is Essential in the Early Stages Many home buyers can make costly mistakes before they even begin house hunting. Failing to plan properly may lead to financial strain, lost opportunities, or legal complications.There are numerous potential pitfalls buyers may encounter during the home buying process. These five are among the most prevalent and significant in the initial stages.Being informed and working with trusted professionals may help mitigate these risks.Common Pitfalls in This Stage❌ Pitfall 1.1. Delaying Professional InvolvementDelaying professional involvement is one of the most common home buying pitfalls.Many buyers wait too long to involve a real estate lawyer, real estate agent, or other key stakeholders. This delay may lead to missed opportunities, unclear contract terms, or even costly legal complications.✅ How to Avoid This PitfallEngage Professionals EarlyEngage professionals early in the process by researching and connecting with a real estate agent, lawyer, home inspector, and financial advisor. Avoiding this mistake starts with building your team from the beginning. This helps ensure you have expert guidance at every step of the home buying journey.This proactive approach allows you to get clear advice on your budget, potential properties, and contracts, helping you make informed decisions.Working with a knowledgeable real estate agent can provide valuable market insights, neighbourhood comparisons, and negotiation strategies. Your lawyer and financial advisor can protect your legal and financial interests. A qualified home inspector adds another layer of protection by identifying potential issues early. This helps ensure you fully understand the property’s condition before committing.Having the right professionals in place may help you avoid costly mistakes. Their involvement can also support legal, financial, and property-related decisions being made with greater confidence.❌ Pitfall 1.2. Not Getting Pre-Approved for a MortgageSkipping mortgage pre-approval is a recurring home buying pitfall.Many buyers assume they’ll be able to secure financing once they find a home. They may face disappointment if they don’t qualify for the loan amount they need or if interest rates have shifted in the meantime.✅ How to Avoid This PitfallGet Pre-Approved for a Mortgage EarlyBefore you start your home search, work with a mortgage broker or lender to secure pre-approval. This gives you a clear understanding of your budget. It also strengthens your position when making an offer, showing sellers that you’re a serious buyer.Keep in mind that mortgage pre-approval is not the same as final approval. Pre-approval provides an estimate of what you may qualify for. Final approval depends on factors such as the property appraisal, lender underwriting, and the conditions set out in the Agreement of Purchase and Sale.Pre-approval helps you avoid this common mortgage-related home buying mistake. This also prevents you from wasting time looking at properties outside your price range. You can then move forward with offers and negotiations more confidently.❌ Pitfall 1.3. Underestimating Total CostsUnderestimating total costs is a notable home buying pitfall that leaves many buyers financially unprepared.Property taxes, legal fees, closing costs, land transfer tax, and future maintenance expenses are often overlooked in early planning. This may lead to stress or financial strain after closing.✅ How to Avoid This PitfallCreate a Comprehensive Financial Plan. Build a plan that accounts for more than just the purchase price. Account for closing costs, property taxes, insurance, legal fees, utilities, and ongoing maintenance. Overlooking these expenses is a common mistake many buyers make. This often leads to financial stress down the line.By planning for both immediate and long-term costs, you’ll gain a clearer understanding of the full financial commitment of homeownership.This clarity helps ensure you won’t stretch your budget too thin. It also allows you to make a sound, sustainable investment in your new home.❌ Pitfall 1.4. Failing to Research Market TrendsFailing to research local real estate trends is a frequent home buying pitfall that can lead to poor timing and overpayment.Buyers who don’t analyze pricing shifts, demand cycles, and competitive activity in their desired area may end up making offers under the wrong market conditions. This risks both money and missed opportunities.✅ How to Avoid This PitfallResearch Market Trends Before House Hunting Taking a closer look at market data helps you avoid common buyer mistakes that may lead to overpayment or missed opportunitiesTake time to study recent sales in your target neighbourhood. Review broader market indicators such as pricing fluctuations, infrastructure changes, and community growth.Whether the market favours buyers or sellers will shape your offer strategy. In a seller’s market, you may need to move quickly and offer competitively. In a buyer’s market, you may have more room to negotiate. Understanding these dynamics sets realistic expectations for your budget, helping you avoid financial overreach.This level of preparation makes you a more confident buyer and positions you to make informed decisions aligned with your long-term goals.Your real estate agent can provide valuable insight into local trends and pricing strategy. Leveraging their expertise may help ensure your offer is both competitive and well-aligned with your financial goals.❌ Pitfall 1.5. Choosing a Home Based on Emotion Instead of Logic Choosing a home based on emotion instead of logic is another home buying pitfall. Buyers may fall in love with a property’s design or charm. They may overlook key issues like structural integrity, location drawbacks, or long-term financial feasibility.Letting emotion lead the decision can result in regret and unexpected costs down the road.✅ How to Avoid This PitfallEvaluate the Home ObjectivelyEvaluate homes objectively to avoid costly buyer mistakes. It’s natural to be drawn to a property’s aesthetics. That being said, emotion-led decisions can overshadow more important factors like structural condition, location, and long-term value.Define your needs and must-haves upfront, and create a checklist based on logic, not impulse. Focusing on resale potential, neighbourhood stability, and financial fit may help ensure the home you choose supports your goals. This applies both now and in the future. By staying grounded in reason, you’ll make a more confident and sustainable decision.Final ThoughtsStarting your home buying journey with a clear, well-researched plan is crucial in reducing the risk of costly mistakes. This approach helps set the foundation for a successful purchase.A strategic approach begins with securing pre-approval, planning for all potential expenses, and thoroughly researching market trends. Maintaining an objective view of properties can help you align your decisions with both your immediate needs and long-term goals. This may position you for a smoother, more confident transaction.Many buyers jump in without clarity on their finances or a clear strategy, leading to unforeseen costs and missed opportunities. Taking the time to plan gives you greater control and confidence. This also strengthens your position in negotiations and helps ensure you’re making informed, financially sound decisions. Step 2: DO – Approach with Caution and Due DiligenceOnce buyers start viewing homes and considering offers, emotions can take over, leading to rushed purchases, waived conditions, and overlooked issues. These are just a few of the risks buyers face.Additionally, buyers may encounter challenges such as misunderstanding financing conditions or assuming verbal agreements are legally binding. They may also overlook future development plans in the neighbourhood.Common Pitfalls in This Stage❌ Pitfall 2.1. Overlooking Home InspectionsOverlooking the home inspection is a typical home buying pitfall, especially in competitive markets.Some buyers choose to exclude inspections to strengthen their offers. They may later uncover costly structural or mechanical issues after the purchase, problems that could have been caught early with proper due diligence.✅ How to Avoid This PitfallPrioritize a Home InspectionPrioritizing a home inspection, even in a competitive market, helps avoid making a costly home buying mistake. Partner with a trusted real estate agent or lawyer to structure your offer in a way that includes an inspection contingency. This helps you do so without weakening your position.A detailed inspection gives you the insight needed to assess the property’s true condition and avoid unexpected repair costs.This step provides peace of mind, protects your investment, and helps ensure your long-term satisfaction with the home.❌ Pitfall 2.2. Neglecting to Review Legal Clauses in ContractsNeglecting to review legal clauses in your real estate contracts is a common home buying pitfall.Buyers who skip legal review of the Agreement of Purchase and Sale may miss important clauses that create financial risk or unclear obligations. They may also face legal disputes after closing.✅ How to Avoid This PitfallEnsure Contracts Are Reviewed Before SigningAlways have a real estate lawyer review your contracts before signing to avoid buyer mistakes with serious legal consequences. Make sure all terms, conditions, and obligations are clearly understood in the Agreement of Purchase and Sale.A lawyer will examine clauses related to financing, contingencies, timelines, and seller responsibilities, ensuring they align with your interests.Legal review helps prevent financial surprises and contractual disputes by identifying risks upfront. It gives you peace of mind and helps protect your investment throughout the transaction.❌ Pitfall 2.3. Ignoring Long-Term AffordabilityIgnoring long-term affordability is a common home buying pitfall that can lead to future financial strain.Many buyers focus too heavily on short-term costs or monthly payments. They may overlook how future lifestyle changes, rising expenses, or income shifts could impact their ability to sustain the investment.✅ How to Avoid This PitfallEvaluate Long-Term Affordability When buying a home, evaluate long-term affordability to avoid making a costly buyer mistake that could jeopardize your financial stability.When setting your budget, consider future earning potential, lifestyle changes, and long-term goals. Make sure your home purchase leaves room for savings and unexpected expenses, so you’re not financially stretched down the line.A smart plan balances your current capacity with the ability to manage future costs like property taxes, maintenance, and inflation. Setting a realistic budget that supports both today and tomorrow may help you maintain a sustainable and rewarding investment. This approach keeps your home affordable for years to come.❌ Pitfall 2.4. Failing to Review a Condo’s Financial and Legal StandingFailing to review a condo’s financial and legal status is a notable home buying pitfall, especially for first-time condo buyers.Those who skip examining the status certificate may unknowingly inherit costly maintenance fees or unresolved legal disputes. They may also assume financial liabilities tied to the condominium corporation.✅ How to Avoid This PitfallExamine the Condo’s Status Certificate and Financial HealthProtect your investment by examining the condo’s status certificate and overall financial health before making an offer.Have a real estate lawyer review the status certificate, reserve fund, and any planned special assessments. This helps confirm the condo corporation’s financial stability and ensures you’re not blindsided by hidden liabilities, legal risks, or surprise maintenance fees.A full review of the condo’s legal and financial standing protects your investment and gives you confidence in your decision, before you sign anything.❌ Pitfall 2.5. Overlooking Property Boundaries and Zoning RestrictionsOverlooking property boundaries or zoning restrictions is a common home buying pitfall that can create major legal and financial headaches.Failing to verify lot lines, land-use rules, or local zoning laws may lead to disputes with neighbours. It may also result in denied renovation permits or unexpected fines after closing.✅ How to Avoid This PitfallConfirm Boundaries and Zoning Laws Before Making an OfferBefore making an offer, confirm property boundaries and zoning regulations. This helps you avoid costly buyer mistakes that could impact how you use the property. It’s essential to confirm that the property’s zoning authorizes your intended use. This includes any future plans, such as additions, secondary units, or redevelopment.Request an up-to-date land survey to ensure the lot lines are accurate. Consult your municipality’s zoning bylaws to confirm your intended plans comply with local rules. If a recent survey is unavailable, your real estate lawyer can arrange title insurance. This helps protect you against losses arising from title defects, title fraud, or undisclosed liens.A real estate lawyer can help interpret legal documents and spot red flags. Taking these steps helps protect you from future disputes, delays, or limitations. This may help ensure the property fits both your vision and your long-term investment strategy.Final ThoughtsRushed decisions and overlooked details can result in costly mistakes. Take the time to review home inspection reports, property surveys, contracts, and other critical property details carefully. These steps help minimize risks and allow you to make informed, thoughtful decisions.It’s natural to feel emotional impulses. A thorough investigation of the property and a careful review of contracts can help you avoid financial and legal headaches. Working with experienced professionals, such as real estate agents and lawyers, can also help ensure your decisions align with your immediate needs. It may also support your long-term goals. This helps protect you from hidden liabilities.Many buyers skip due diligence, which often leads to regrets. Collaborating with professionals, verifying property conditions, and researching neighbourhoods can help you avoid costly surprises. These steps may also help ensure the home you purchase truly meets your needs. Step 3: CHECK – Review Key Details Before Finalizing Your Home PurchaseBefore finalizing a home purchase, buyers should carefully review key details. This includes the home’s value in relation to the market, zoning regulations, and any issues uncovered during the inspection.Emotional decision-making can lead to overpaying or overlooking critical factors, resulting in regrets later.Common Pitfalls in This Stage❌ Pitfall 3.1. Failing to Review Contracts Failing to review contracts thoroughly is a recurring home buying pitfall that can lead to serious legal or financial consequences.Many buyers assume everything is as agreed upon in the agreement. They later discover that clauses they intended to include or exclude were not reflected in the agreement. Failing to notice this omission may impose unexpected obligations or risks after the deal has closed. ✅ How to Avoid This PitfallHave All Contracts Reviewed by a Real Estate LawyerHave all contracts reviewed by a real estate lawyer before signing. This helps you avoid buyer mistakes that may arise from unclear or unfavourable terms.Take time to read through the Agreement of Purchase and Sale, disclosures, and inspection reports. Do not hesitate to ask questions about anything that seems vague or uncertain.A lawyer can help ensure the clauses reflect your agreements and protect your interests. This step helps you avoid legal pitfalls and gives you peace of mind throughout the transaction. It allows you to move forward with confidence. ❌ Pitfall 3.2. Overpaying Due to Bidding WarsOverpaying in a bidding war is a frequent home buying pitfall that can lead to long-term financial strain.Buyers often get caught up in competition and push past their budget or the property’s true market value. This may result in regret, reduced equity, or difficulty reselling later.✅ How to Avoid This PitfallSet a Maximum Price Limit and Conduct a Comparative Market Analysis (CMA)To avoid one of the most costly buyer mistakes, set a maximum price limit before entering a bidding war. Work with your real estate agent to determine the property’s true market value. Commit to staying within your financial boundaries.A Comparative Market Analysis (CMA) will help you evaluate recent sales of similar homes in the area. This gives you a realistic baseline for your offer. Relying on facts over emotion helps reduce the risk of overbidding. It also helps ensure your purchase remains financially sound and aligned with your goals.❌ Pitfall 3.3. Ignoring Future Resale ValueIgnoring future resale value is a common home buying pitfall. It can turn an otherwise comfortable home into a weak investment.Focusing only on your immediate needs, without considering the property’s long-term marketability, may result in slower equity growth or difficulty selling later. This is especially true in shifting market conditions.✅ How to Avoid This PitfallConsider the Long-Term Investment Potential of The PropertyA smarter approach is to consider the long-term investment potential of any property you’re evaluating. Look for homes in established or up-and-coming neighbourhoods with strong resale history and market demand. Assess local real estate trends to understand future conditions that may affect property values.Buying in a high-demand area increases the likelihood of solid resale value and steady equity growth over time.Taking these factors into account may help protect your financial future. It also helps ensure the home you choose aligns with both your lifestyle and long-term goals.❌ Pitfall 3.4. Not Verifying Zoning and Property BoundariesNot verifying zoning rules or property boundaries is a recurring home buying pitfall. It can result in legal headaches or blocked plans.Buyers who skip this step may later discover restrictions on renovations, additions, or intended use. These limitations may lead to delays, fines, or unexpected disputes.✅ How to Avoid This PitfallReview the Title Report, Property Survey, and Zoning RegulationsTo mitigate risks related to property restrictions, review the title report, zoning bylaws, and property survey before making an offer.Confirm the lot lines and ensure there are no easements, encroachments, or zoning limitations that could impact your intended use.Request an up-to-date property survey and verify compliance with local regulations.A real estate lawyer can help you interpret these documents and flag potential legal concerns before you finalize your purchase. These steps reduce your risk of future disputes and ensure the property supports both your immediate plans and long-term goals.❌ Pitfall 3.5. Not Reviewing Home Inspection Results CarefullyNot reviewing the home inspection report carefully is another home buying pitfall. It can expose you to costly surprises after closing.Skimming over key findings may lead to missed repairs, safety concerns, or hidden structural issues. These are potential issues which could be resolved or negotiated before finalizing the deal if they are identified early.✅ How to Avoid This PitfallThoroughly Review the Inspection Report and Ensure a Comprehensive Home Inspection Before ClosingThe best way to reduce costly buyer mistakes is to review the full home inspection report carefully. Discuss any concerns with the seller before closing. Keep in mind that sellers are not legally required to provide inspection reports or make repairs unless these obligations are negotiated and documented in writing. This is typically done through an Amendment to the Agreement of Purchase and Sale.Buyers should research and engage a reputable, certified home inspector. Attend the inspection in person and review the findings together to fully understand the property’s condition. Ask the inspector to explain unclear findings. Ensure that necessary repairs, warranties, or seller obligations are included in writing.Depending on the outcome of the inspection, buyers should consult their real estate agent to determine how any issues should be handled. These issues may be addressed by the buyer after closing, negotiated as a price adjustment or credit, or resolved by the seller before closing.Negotiating for repairs or price adjustments upfront protects your financial interests and reduces the risk of unexpected costs later.Your lawyer can help document these agreements properly to avoid post-closing disputes. A thorough inspection review gives you the insight you need to move forward with confidence and protect your investment. Final Thoughts Before making a final decision, reviewing key details is crucial to avoid costly mistakes. Staying within your budget, considering the property’s long-term value, and confirming zoning, property boundaries, and inspection results may help support your decision. This may help ensure your decision is well-informed.Emotional attachment to a property can cloud judgment, often leading buyers to overlook critical details.Taking the time to evaluate pricing, assess long-term investment potential, and verify legal conditions may help protect you from financial pitfalls. Carefully reviewing all documents can also support a sound, well-considered investment.Step 4: ACT – Finalize the Purchase with ConfidenceIf everything checks out, financing is secured, inspections are complete, and all contingencies are met, you can move forward with confidence. This step signals that the key requirements of the transaction have been satisfied.Even at this stage, last-minute issues can arise, making it essential to double-check all details before moving forward. From securing financing to confirming inspections, every detail matters in ensuring a smooth closing.Common Pitfalls in This Stage❌ Pitfall 4.1. Not Securing Financing on Time Not securing financing on time is a common home buying pitfall that can jeopardize your entire purchase.Delays in mortgage approval may result in missed deadlines or added costs. In some cases, they may even lead to default under the agreement, especially in competitive markets where timing is critical.✅ How to Avoid This PitfallEnsure Financing is Secured Before ClosingTo avoid buyer mistakes that could derail your closing, make sure your financing is secured well before the scheduled date. Work closely with your mortgage lender to confirm all documentation, approvals, and conditions are in place.Finalize your loan application early and complete any required appraisal as soon as possible. Review your interest rate terms and clarify your payment obligations. On the day of closing, your lawyer must receive the mortgage funds and any other closing amounts. These funds must then be transferred to the seller’s lawyer before title registration can occur and keys can be released.Delays in financing can cause unnecessary stress or put your deal at risk. By confirming everything ahead of time, you’ll ensure a smoother, more predictable closing and protect yourself from avoidable financial complications.❌ Pitfall 4.2. Overlooking the Final Walk-ThroughOverlooking the final walk-through is a recurring home buying pitfall that can result in costly surprises.Buyers who skip this final step may miss new damage, incomplete repairs, or items missing from the agreement. They often discover these issues only after the deal has closed, when it is too late to negotiate.✅ How to Avoid This PitfallComplete a Final Walk-ThroughTo reduce this exposure, always complete a final walk-through before closing. This last visit lets you confirm that agreed-upon repairs were completed. It also confirms that the property is in its promised condition. It also helps ensure all inclusions are still present.Take time to check for any new damage or unresolved concerns and ensure the seller has met all their obligations. Promptly advise your real estate agent and lawyer about any deficiencies or issues.A careful walk-through offers peace of mind and helps eliminate unpleasant surprises. It also confirms that the property meets your expectations before you commit to the purchase❌ Pitfall 4.3. Underestimating Closing Costs Underestimating closing costs is a typical home buying pitfall that can create last-minute financial stress.Buyers who fail to budget for final amounts owed may face unexpected costs before closing. These amounts include inspection fees, taxes, insurance, legal fees, and disbursements. This situation can jeopardize the transaction or stretch their finances too thin.✅ How to Avoid This PitfallBudget for Closing Costs EarlyA strong preventive step is to estimate your closing costs early in the home buying process. Work with your real estate agent, lawyer, and mortgage broker to create a full breakdown of expenses. These expenses may include legal fees, land transfer taxes, title insurance, adjustments, and moving costs. This level of preparation helps ensure you are not caught off guard by unexpected closing-day expenses.Land Transfer Tax is another cost that is often missed or underestimated by buyers. In Ontario, purchasers must pay Provincial Land Transfer Tax on closing. An additional Municipal Land Transfer Tax may apply in certain municipalities, such as Toronto. First-time homebuyers may qualify for partial rebates if they meet specific eligibility conditions.A comprehensive budget improves your financial planning and reduces last-minute stress.Before closing, review the final statement from your lawyer or closing agent to confirm its accuracy. Make sure you understand each line item. Being fully informed at this stage helps prevent financial surprises and supports a smooth, confident closing experience.❌ Pitfall 4.4. Failing to Confirm ContingenciesFailing to confirm that all contingencies are met is another home buying pitfall. It can lead to serious delays or even derail the purchase altogether.When buyers overlook financing, inspection, or contractual conditions, they may face legal, financial, or logistical issues just days before closing. At that point, it is often too late to fix these issues easily.✅ How to Avoid This PitfallEnsure All Contingencies Are Fully Met Avoid buyer mistakes that create last-minute stress by confirming that all contingencies are fully satisfied before moving forward with the purchase.This includes financing approval, satisfactory inspection results, and fulfillment of any agreed-upon conditions or repairs.Work closely with your real estate lawyer and agent to ensure everything is documented and verified. Overlooking even a small contractual detail can create major issues during closing.Taking the time to confirm every contingency may help reduce risk and support legal clarity. This step also helps set the stage for a smoother, more confident transaction.Final ThoughtsMost home buying mistakes arise from poor planning, rushed decisions, or overlooked details, not bad luck.It is essential to work with a real estate lawyer. Their legal guidance may help support a smooth transfer of ownership and protect your interests throughout the process. By incorporating a structured approach, such as the PDCA framework, you can minimize risks and make confident, informed decisions.Closing on a home is a significant legal and financial commitment. To support a seamless transition into homeownership, it is important to secure financing and prepare for associated costs. You should also review all documentation carefully and complete a final walk-through.Collaborating with your real estate agent, lawyer, and other key professionals may help ensure that nothing is overlooked. This teamwork also supports a smooth closing process. 3. Securing Your Home: Avoiding Mistakes in the Offer ProcessThe offer process is one of the most critical stages in purchasing a home. It determines whether you secure the property and under what terms. Mistakes at this stage may lead to missed opportunities, financial strain, or even losing out on your desired home.Given its importance, we’ve dedicated an entire section to addressing the common pitfalls that buyers face during the offer process. This allows us to explore key considerations like contingencies, negotiations, and market evaluations that can significantly impact your home-buying experience.Understanding and addressing these challenges may help you approach the offer process with confidence and clarity. This preparation can help your offer stand out while protecting your financial interests.A strategic approach, combined with a realistic budget, allows buyers to evaluate the market and understand the seller’s needs. Including key contingencies, such as home inspection and financing, ensures a well-rounded offer.Paying attention to the details in this stage can prevent costly regrets and ensure you’re making a sound investment.Common Pitfalls with the Offer Process❌ Offer Pitfall – Making an Offer Without a Clear BudgetMaking an offer without a clear budget is a common home buying pitfall that can lead to long-term financial stress.In competitive markets, buyers may feel pressure to bid above their comfort zone. This decision can lead to affordability issues, tighter cash flow, or regret after closing.✅ How to Avoid This Pitfall Set a Realistic Offer BudgetAvoiding this costly buyer mistake starts with setting a clear and realistic offer budget before entering negotiations. Work with your mortgage broker or financial advisor to understand your approved mortgage range, interest rates, and monthly payment obligations.This clarity ensures you don’t overextend yourself or make emotional decisions in a bidding war. A grounded budget supports long-term financial stability while keeping your offer competitive.Your real estate agent may also provide pricing insight based on recent market trends. This guidance can help you remain confident and strategic throughout the process.❌ Offer Pitfall – Not Verifying the Seller’s SituationNot verifying the seller’s situation is a typical home buying pitfall. It can lead to a rejected offer or a missed opportunity.Failing to understand the seller’s timeline, motivations, or conditions may result in an offer that feels out of sync. This is especially true in a competitive or time-sensitive market.✅ How to Avoid This Pitfall Understand the Seller’s Situation and Align Your Offer with the Seller’s Motivations.Strengthen your negotiation power by understanding the seller’s situation and tailoring your offer accordingly.With help from your real estate agent, assess the seller’s motivations, timeline, and financial expectations. Whether the seller needs a fast close, specific conditions, or price flexibility, these factors should guide your strategy. Aligning your offer with these needs may help it stand out without compromising your budget.This strategic approach boosts your chances of success while maintaining control over your financial goals.❌ Offer Pitfall – Overlooking Offer ConditionsOverlooking essential offer conditions is a recurring home buying pitfall that can leave buyers exposed to financial risk.Failing to include key contingencies like financing, inspection, or appraisal clauses can limit your ability to renegotiate. It may also restrict your ability to exit the deal if issues arise. This may leave you in an unfavourable situation.✅ How to Avoid This Pitfall Include Essential Contingencies.Avoid buyer mistakes that could cost you later, always include essential contingencies in your offer.Financing, home inspection, and appraisal clauses give you the flexibility to renegotiate or walk away if conditions aren’t met.These protections help safeguard your investment and reduce your exposure to risk. Work with your real estate agent and lawyer to ensure all contingencies are clearly written and reflect your needs.This proactive step reinforces your position, protects your interests, and contributes to a smoother, more secure home-buying experience.❌ Offer Pitfall – Rushing the Offer DecisionRushing an offer decision is a common home buying pitfall that often leads to buyer’s remorse.Emotional reactions made under pressure can result in a purchase that does not align with your financial situation, long-term goals, or practical needs. This can turn excitement into regret once the dust settles.✅ How to Avoid This PitfallTake Time to Consider the OfferTo avoid buyer mistakes driven by emotion, take time to carefully evaluate the property before making an offer. Work with your real estate agent to assess its true market value and resale potential. You should also consider how the property fits your financial and lifestyle goals.Consider how the home aligns with your broader vision, not just your current situation. A thoughtful, strategic approach helps you make a confident, informed decision that supports your long-term success. It may also reduce the chance of post-purchase regret. ❌ Offer Pitfall – Failing to Factor in Market ConditionsFailing to factor in current market conditions is another home buying pitfall that can lead to overpaying or poor timing.Buyers who overlook local trends, pricing cycles, or demand patterns may submit offers that do not reflect the property’s true value. This mismatch can weaken long-term returns and create financial strain.✅ How to Avoid This PitfallLeverage Market Insights for a Strategic OfferOne way to prevent this buyer mistake is to leverage market insights to guide your offer strategy. Stay informed about current pricing trends, inventory levels, and local demand.Your real estate agent can help you evaluate comparable properties and analyze market data. This may give you a clearer sense of the home’s actual value.With this knowledge, you can submit a competitive yet realistic offer that aligns with your financial goals.A smart, data-driven approach reduces the risk of overpaying and helps you make a confident investment with long-term upside.Final ThoughtsThe offer process is a critical step in securing the right home at the right price. By addressing key pitfalls and implementing a well-thought-out approach, buyers can avoid costly mistakes and improve their chances of success.A proactive mindset, combined with careful planning, helps buyers stay aligned with their budget, priorities, and long-term goals. Understanding the seller’s situation, including their timeline and motivations, helps strengthen your strategy. Including the right contingencies also helps create a more competitive and secure bid.Working with knowledgeable professionals, including real estate agents and lawyers, ensures your offer is strong and legally sound. Verifying market conditions, reviewing comparable prices, and considering all elements before making an offer may help protect your financial interests. This careful approach can also support you in securing your ideal home.Professional guidance can help buyers navigate this stage confidently and effectively. It also supports decisions that protect financial interests and increase the chances of closing on their dream home. 4. The Role of a Lawyer in Real Estate: Common Pitfalls and Best PracticesThe Critical Role of a Real Estate LawyerA real estate transaction is one of the most significant financial and legal commitments you will make. Having a knowledgeable and experienced real estate lawyer is essential to ensuring that the process goes smoothly.From the planning phase through to closing, a lawyer helps ensure that every aspect of the transaction is legally sound. This support helps protect your interests at every step.Reviewing Contracts and Identifying Legal RisksLegal guidance is particularly crucial when reviewing the details of contracts. It helps ensure that terms are clear, fair, and aligned with your best interests. Buyers should engage a lawyer early to handle title searches and review the Agreement of Purchase and Sale (APS). A lawyer can also address potential legal risks that may arise during the negotiation process.Document Preparation, Compliance, and Closing RequirementsA lawyer’s role does not end with reviewing contracts. It extends to confirming that all required documents are in order before closing. A lawyer also manages the financial aspects of the transaction. They help ensure compliance with local regulations and taxes.Ensuring Title Security and Protecting Against Legal IssuesA real estate lawyer is your safeguard against costly legal and financial mistakes. They provide expertise in dealing with complex legal language and verifying title. A lawyer also helps ensure that your rights are protected throughout the entire transaction.Working with a lawyer from the outset helps reduce the risk of errors or misunderstandings that could delay or derail the deal.Applying the PDCA Framework with Your Legal TeamThe PDCA (Plan-Do-Check-Act) framework also applies to working with a real estate lawyer. You can plan your legal strategy early by consulting with a lawyer. You then take action by reviewing documents and contracts. Each term should be reviewed carefully for clarity. You can act with confidence by securing the deal with professional legal support.Following this structured approach ensures a smooth and successful transaction while minimizing the risks associated with complex real estate deals.Critical InsightsEngagement Timing: Buyers should engage a real estate lawyer early in the process to avoid legal pitfalls later onTitle and Ownership Checks: A lawyer’s responsibility includes verifying the property’s title and ensuring no encumbrances or disputesFinancial and Tax Clarity: Reviewing tax obligations and financial responsibilities before closing can prevent unexpected costs and complicationsContract Fairness: A lawyer ensures the Agreement of Purchase and Sale is fair, clear, and legally binding, protecting you from ambiguous clauses that could lead to disputesRegulatory Compliance: A lawyer ensures compliance with local laws, zoning requirements, and taxes to avoid fines and legal issues Final ThoughtsLegal oversight is one of the most important safeguards in any real estate transaction. A knowledgeable and experienced real estate lawyer can help reduce risk and support informed decision-making at every stage.Working with a lawyer early in the process can help you avoid costly errors. Their review of contracts, title searches, and legal requirements ensures the transaction stays on track and aligned with your best interests.A lawyer also provides clarity when navigating complex documents or unfamiliar terms. This support helps prevent misunderstandings and protects you from unexpected issues during closing.Taking a structured approach, including PDCA, strengthens your planning and coordination with your legal team. This method may help you move forward with confidence and support a smoother, more secure transaction. 5. Next Steps: Avoiding Pitfalls and Applying Best Practices in Real EstateWrapping Up: What You’ve Learned and What to Do NextStaying Flexible While You Navigate the ProcessHome buying is more than following a checklist. It is about adapting to new information and making informed decisions. Preparation helps, but challenges may still arise. It is important to stay flexible and adjust your approach when needed.Reducing Risks Through Best PracticesUnderstanding common pitfalls, applying best practices, and leveraging professional guidance can help you position yourself for a successful transaction. This guide has endeavoured to show you how to navigate each stage of the home buying process. These steps help reduce risk and support confident decisions.Using PDCA to Strengthen Your ApproachUsing the PDCA (Plan-Do-Check-Act) framework can be an effective way to minimize risks. It also helps refine your approach at every stage of the process.The Power of PDCA in Real Estate Decision-MakingBuyers often face uncertainty, which can lead to costly mistakes. The PDCA framework helps reduce this uncertainty, providing a structured approach for better decision making.Plan: Prepare thoroughly by researching, clarifying goals, and understanding the processDo: Make informed decisions with professional support from agents, lawyers, and mortgage specialistsCheck: Review all contracts, financing, inspections, and legal requirements carefully to avoid surprisesAct: Finalize decisions based on confirmed details, ensuring a smoother transactionPDCA isn’t just for the home buying process, it’s a flexible approach that guides you through every decision with confidence.Key Takeaways: Mastering Real Estate Pitfalls & Best PracticesCommon Pitfalls Are Avoidable: Identifying typical mistakes helps you sidestep costly errorsBest Practices Lead to Stronger Outcomes: A structured approach helps you negotiate effectively and avoid setbacksLegal Oversight is Essential: Review all contracts, negotiations, and closing documents with professional guidanceFinancial Preparation is Key: Understand all costs and market trends to prevent financial strainProfessional Guidance Matters: Real estate professionals ensure a smoother, stress-free experience Next Steps: Approach with ConfidencePlan Ahead: Research neighbourhoods, get pre-approved, and set realistic expectationsWork with Trusted Professionals: Consult a lawyer and real estate agent to protect your interestsInclude Essential Conditions: Ensure home inspections, financing clauses, and legal reviews are part of your offerVerify Everything: Always confirm contract terms, property details, and legal requirementsAct Decisively but Carefully: Double-check everything before closing to avoid surprisesFinal Thoughts: Navigating Real Estate with Strategy and ConfidenceTo navigate the home buying process successfully, you need preparation, financial awareness, and expert guidance. Stay informed, verify details, and work with professionals to ensure your transaction goes smoothly. This approach helps avoid costly mistakes and sets you up for a sound investment. 6. Additional Resources: Expand Your KnowledgeNavigating real estate transactions requires ongoing learning, and having the right information at your fingertips can make all the difference. While this guide has provided a structured approach to home buying, additional insights can further strengthen your understanding and decision-making.To help expand your knowledge, we’ve included a selection of resources covering key aspects of real estate transactions. Whether you’re preparing to sell your home, considering your next purchase, or seeking legal guidance, these articles offer valuable information to support your journey.Recommended Reading and Helpful ResourcesWe’ve included a few of our previous blog posts that may also be of interest:A Practical Guide to Selling Your Home: Tips and Strategies for a Successful Home SaleSix Critical Factors to Consider Before Buying Your Next HomeFor more information about Nichols Law and how our team may assist with your real estate needs, please visit our website. Sources and LinksDisclaimerSources and links are provided for source credit and attribution, and for additional information purposes only. Nichols Law is not affiliated, associated, authorized, endorsed by, or in any way officially connected with any of the sources or links provided.Referenced ResourcesBelow are categorized resources that offer additional insight into topics related to this guide.Government & Legal ResourcesCMHC — Homebuying Step by StepOntario Government — What to Know Before Buying a HomeAssociation of Corporate Counsel — Top Ten Tips for Buying Real Estate in OntarioOttawa Sun — Agreement of Purchase and Sale ExplainedMortgage, Financing & Market ForecastsWOWA — Canadian Housing Market Data (April 2024)WOWA — How to Buy a House in Ontario (2025)RBC — Early Signs of a Housing Market Upturn Emerge Across CanadaRBC — Canada’s Housing Market Outlook: A Tale of Two Halves (2024)CREA — Quarterly ForecastsForbes — Best Time to Buy a House in Canada (2024)CIBC — How to Avoid Closing Day Problems Market News & Real Estate InsightsGlobal News — Canada’s Housing Market Is ‘Starting to Turn a Corner’CBC/Yahoo — Where Ontario’s Housing Market Is Headed in 2024CP24 — GTA Expected to Surpass Vancouver as Most Expensive Market (2024)Toronto Star — When You’ve Got the Keys but the Sellers Haven’t LeftHome Buying, Selling & Representation GuidesThe Brel Team — What to Know Before Buying a HomeToronto Realty Boutique — 10 Things to Do Before Buying a HomeGolfi Team / ReMax — Homebuyer Checklist: 10 Tips for Ontario BuyersMoveMeTo — Negotiating That Winning Real Estate DealMoveMeTo — Home Improvements: DIY or Call a Professional?Decision-Making, Due Diligence & Inspection ResourcesMoorMoney Media — Buyer Representation Agreement: What You Need to KnowMoorMoney Media — House Hunting ChecklistReal Simple — 8 Home Details That Turn Off HomebuyersReliablePlant — How to Overcome the 10 Biggest Mistakes in Decision MakingBidding Wars, Rules & OffersThe Brel Team — Bidding War Rules, Best Practices & Etiquette (2024)Six Critical Factors to Consider Before Buying Your Next Home Posted on October 3, 2022Introduction Over the years we’ve been asked many questions relating to real estate, mortgages and home purchases. This blog post focuses on six of the most frequently asked questions we receive about our client’s home purchase journeys.Real Estate Processes Change Over TimeThere may be many reasons why you are considering your next home purchase.Perhaps your family is growing, you want to change your neighbourhood environment or home style, or perhaps you want to upsize or downsize your current home.Regardless of your reason, unless you are purchasing real estate on a frequent basis, you may not be up to date on the recent changes to processes with buying and selling real estate.Who Is This Blog Post For?This blog post is written for both those who have purchased a home previously, first time home buyers, or those who are also selling their home.Purchasing your next home can be as much of an undertaking as buying your first, especially if it’s been a while since you purchased your current home.We trust that this post will assist you with your next home purchase endeavour.There will be many acronyms and terminology used during your home buying or home selling process, many of them may have the same meaning, so we’ll try and highlight as many of them as possible.Our Blog Post ObjectiveThe objective of this post is to provide you with insights, suggestions, and recommendations, based upon a collective of actual experiences with our own clients.We’ve gathered these experiences into the ‘Six Critical Factors to Consider Before Buying Your Next Home’.Whether you’ve purchased previously, or this is your first time, you may be surprised by the amount of work involved throughout the entire home purchase process.From the very beginning when you first thought of buying a new home, to the very end, when you finally moved in and began settling into your new home.Our clients often ask us similar questions, including:1. Once we have signed the Agreement of Purchase and Sale (APS), what do we have to do next?2. Why does the mortgage approval and home closing processes take so long and seem so complex? What actions lead to disappointments?3. Why does the whole home ownership process appear to leave everything until the last two weeks?4. What can we expect after Closing, what should we expect next?5. How do I make sure the appliances we agreed upon in the offer are included? And in working order when we move in?6. When can the deal be cancelled, if we decide not to buy the home after we have signed the legal paperwork? What happens to our deposit?We’ve included experiences and insights within this post which will try to answer those six questions.The information in this post may also serve as a reminder or as additional reference material for you if you are already familiar with these questions and experiences.This post will focus on the real estate home purchase steps that attract the most attention and questions, especially in the last two or three weeks of that home buying journey.Some of the most common issues we have experienced with our clients when real estate is being purchased:✓ Home inspection issues✓ Property Title issues✓ Seller ownership title issues (seller does not have legal ownership)✓ Appliance inclusion or appliance condition, and workability issues✓ Fixture inclusion or fixture condition and workability issues✓ Fixture removal home damage✓ Legal survey issuesWe’ll provide additional background about these issues throughout this post. We will also be referencing many real estate terms. We’ve highlighted the primary terms, which you may want to re-familiarize yourself with below.Terms and Key Documents To Know Before You Get StartedAlthough very rare and unlikely, your agent or broker, may still be entitled to their commission even though the property sale didn’t close.There is a clause in the listing agreement you should be aware of which entitles the broker, realtor, or agent to claim their commission, in the event an offer to purchase the property is received, at the listing price. Even though it’s rare, talk to your lawyer prior to signing any agreements. We’ve provided two relevant articles in our Sources and Links at the end of this post.1. The Realtor ‘Buyer Representation Agreement’ and the ‘Listing Agreement’ (if you are selling).2. Mortgage Lender Pre-Qualification and Pre-Approval process documents, including application, credit check and Commitment Agreement.3. Agreement of Purchase and Sale.Buyer Representation Agreement and Listing AgreementOne of the first resources you will need to work with is a real estate agent. Professional real estate agents and realtors want to provide you with the best service that they can and work in your best interests.In order provide these services, and avoid any misunderstandings, they will want to outline the services they will be providing to you, and what they also expect from you.Buyer Representation Agreement (BRA)If you’re buying a home, the outline of services provided will be in the form of a representation agreement called the Buyer Representation Agreement. This contract will define the business relationship with your real estate agent.This agreement will enable your real estate agent to work on your behalf throughout the home buying process, including home buying selection, negotiating, some level of informal inspection assistance, and the paperwork involved.Legally, you will need to sign this contract if you want to engage the real estate agent with your home buying process.Listing Agreement Essentially, if you’re selling a home, the outline will be in the form a representation agreement called the ‘Listing Agreement’. This document is a formal contract between the home seller and the real estate brokerage who represents the homeowner after this agreement has been signed.Your realtor can expand on the importance and details of these documents.Most importantly and depending on if you are selling or buying (or both), if you are uncomfortable with the document(s) or do not understand either of them, do not sign them until you do understand their contents and are comfortable with them.You can always ask your lawyer for direction prior.Although this blog post doesn’t cover every real estate and home purchase component and issue, we’ve highlighted other critical components within this document based upon our own client-based experiences.A few additional terms to be clarified:Closing Date, also known as Completion Date, are terms related to when the transaction closes.If you are purchasing, this is the date on which you get keys and possession of your new home.This is the date that the homeowner usually takes possession of the home. This is the step when the buyer receives the keys to the home and is legally allowed to move in, usually no later than 6:00 p.m. on closing day. Which allows the sellers and buyers lawyers to settle the last paperwork and process requirements, and the previous owner to vacate the premises.If you are selling, this is the date on which funds are delivered to your lawyer and the date by which you have to relinquish possession.The timing on when you as the seller will receive funds depends on how quickly your lawyer receives funds from the buyer.If funds are received early to mid-day, it is likely that you will receive funds the same day. However, our experience is that funds are generally not receiving until the afternoon, pushing the actual receipt of funds by the seller to the following business day.Please continue reading for details related to ‘‘Six Critical Factors to Consider Before Buying Your Next Home’. Six Critical Factorsto ConsiderBefore Buying Your Next Home 1. We’ve Signed the Agreement of Purchase and Sale. Now What? The Closing DateOnce you have signed the APS, you will soon be in your new home, as outlined by Closing day in the agreement in the APS.The Seller and Buyer will agree on the Closing Date, on average once the APS has been signed you usually have approximately 30 to 90 days, more or less, to start your preparation to move into your home.Activities After the APS Has Been SignedWhen the Agreement of Purchase and Sale has been signed and all terms and conditions have been satisfied by both parties, the contract is a legally binding agreement. This leaves a period between the APS being signed and the Closing Date.It is this period of time that you will use to finalize your financing, insurance, moving arrangements, setting up utilities and work with your lawyer to satisfy any other conditions required for closing.Timing VariesThe amount of time you have prior to closing varies and will be detailed in both the Offer to Purchase and the Agreement of Purchase and Sale.This duration of time for closing is agreed upon by the Seller and the Buyer, although this period is usually depending on the seller’s needs and is usually disclosed when the property is listed.Here are the most important tasks you need to do once the APS is signed:1. The DepositOnce you have signed the APS, you usually need to get the deposit to the Seller’s real estate agent promptly, usually by the next business day. So, a visit to your bank or financial institution is essential to get the deposit.2. Financials – Mortgage Lender/BankingBe Proactive and Be PatientIn most cases you will have limited time to get your financing organized, this allotted time will be outlined and agreed upon in the APS.As soon as you sign the APS, you need to visit or contact your mortgage lender and provide the details of your offer to purchase, so they can get your funds approval process started.Mortgage Lenders Can Get Very BusyMortgage lenders can be very busy, they may need day(s) to process your mortgage financing.They may also need to schedule an appraiser to validate the value of the home. Scheduling an appraisal may take some time, if so, the three to five days agreed to in the APS could be exhausted quickly.Finance Conditions and ClausesYou and your real estate agent most likely requested ‘conditions or clauses’ in the APS, one of them is often a ‘financing condition’ and the other is an ‘inspection’ condition.Having a finance condition protects you if you cannot get financing and it also ensures your deposit is returned.You will need to get the mortgage financing in order as soon as possible to have the finance condition waived on the APS. Having the ‘finance condition waived ‘is important, it demonstrates that you have the required funding and that the deal is likely to be successful.Finance Arrangement TimingMost sellers will agree to three to five days for the buyer to arrange financing which will usually be specified and detailed in the APS as a ‘finance condition’.Sellers usually don’t want to go much longer than 5 days, that is a long time to have their home off the market if a buyer’s financing falls through.3. InspectionIf a home inspection (as per the APS, you probably included a condition/clause for home inspection) hasn’t been completed prior, now is the time to schedule the inspection, which is usually scheduled 2-3 days after the signing of the APS.You don’t have an inspector? Your real estate agent will probably have afew inspection references for you.Complete This Task ASAPThe inspection condition is another task you want to complete as soon as possible..You will want to have the inspection, get the inspection report, and discuss the findings with your real estate agent.In addition to the core inspection criteria, ensure that appliances that are included are inspected and are in working order.Inspection Is Not a Negotiation ToolKeep in mind that unless the inspection discovers and identifies a severe issue with the home, or other serious issues, like missing or broken appliance(s), the inspection is for identifying future maintenance or updates for buyer and the new homeowner.The inspection is not usually a negotiation tool, although if the issue discovered is severe, it could be a deal breaker.Buyer Visits or WalkthroughsTesting On Closing DayBe aware that you will usually be allowed a couple of ‘buyer visits’ or ‘walk throughs’, these visits are not inspections or a time to test appliances.If the appliance works today, there is no guarantee that it will work when you take possession, so leave the Closing Date to test everything in the house.In addition, if you were to test an appliance, like a washer or a dishwasher and there was a flood or damages (it’s happened) during a walkthrough, you could be liable for damages.Other Purposes for InspectionBuyer visits or walkthroughs help you plan for decorating and design, purchasing fixtures, paint colors, fabric choices, fitting your current furniture and buying new, among other planning ideas.Keep your visit brief, you are usually only provided with about an hour per visit.4. Waiving of Conditions and ClausesOnce you have secured your mortgage financing and have your inspection issues or other condition actions satisfied, you will want to inform your real estate agent to have your conditions waived.With the conditions waived, your home purchase can proceed towards closing day.5. Home InsuranceNow is the time to re-connect with your home insurance provider.You will need to provide home insurance details and coverage to your lawyer.Your mortgage lender should have provided you with the details of insurance required. Contacting your home insurance provider well in advance of closing day is highly recommended.6. Utility AccountsIf you haven’t already, create a checklist of all your utility accounts and provide notice of terminating your current address particulars and if applicable transfer to your new address.7. Keys and AlarmYou will receive your keys shortly; however, you will want to change the locks on all the doors, change security alarm codes (make sure your lawyer gets them during the transfer).During your home inspections and walk-throughs, take note of the doors with locks and how many door locks you will require.8. Mover/MovingPrepare a project plan and check list of your moving activities.9. Current Occupants Haven’t Left the HomeAlthough it’s very rare, prepare a back-up plan in case the previous owners haven’t vacated the home when they were supposed to, it can happen (see in our Sources and Links at the end).An additional condition or clause in the APS, outlining the clear expectations and an understanding of when the previous owner will be totally vacated from the buyer’s new property may be of interest. 10. Furnace FilterIt may be a good idea to prepare to change the filter when you arrive at your new home. Perhaps get the filter part# in advance, during a walkthrough so you can have a new filter the day you take possession. 2. Be Patient, Mortgages Can Take Some Time Many of our clients have asked us why the purchase process takes so long. Especially the mortgage lending process.We’ve provided some insights that may help you with these questions. Also included are a few critical insights that you should be aware of, insights which could not only delay the mortgage process, but could terminate the home purchase altogether.Once you have decided to start looking for a new home and have been in contact with your real estate agent and your lawyer about your next home purchase plans, there are many processes and steps which are about to be set in motion.Over the course of your next home purchase journey, you will be contacting, working with, and communicating with many stakeholders, including your:LawyerMortgage lenderReal Estate agentInsurance agentHome InspectorOthersBeing Prepared Is KeyTo limit and reduce last minute items which can delay or even terminate the home purchase process altogether, your preparation is crucial with each of these stakeholders.The work effort of these stakeholders will significantly increase as the Closing Date nears, especially the last two weeks, so as a buyer (or seller) ensuring that you are not a bottleneck or obstacle in these important and time sensitive milestones.Being ProactiveBe proactive and ensure that they have all the documents, your attention and your response when needed. Ask them how you can ensure the process is flowing smoothly from your end.Get Started EarlyThe involvement of key stakeholders as early as possible in the process, including your mortgage lender, lawyer and real estate agent is critical. Re-familiarizing yourself with the mortgage lending process is very helpful, if you haven’t purchased or sold your home in a while.This particular has become incredibly important, as the rules for mortgages have changed drastically over the past several years, in what is a relatively short time span.Your home purchase stakeholders will often use different names for the same terms. For example, a ‘Pre-Qualified’ and ‘Pre-Approved’ mortgage are the same.There are ways that the home buyer can assist with the process. Being prepared with up-to-date documents for your mortgage lender. These documents include:T4 slip from previous yearNotice of Assessments for the previous 2-3 yearsCurrent pay stubsAll Credit and debt detailsDetails about your employment historyIdentificationProof of Citizenship and Residency statusCredit Checks and Purchases During the Mortgage Approval ProcessHaving credit issues or applying for credit during the mortgage process can have a severe effect on your mortgage application and approval process.During this period, take a break or pause any debt applications and any credit application activities, including credit checks, which may affect your credit.It may be a good idea to defer these activities until you have moved into your home and the mortgage has been closed.Pre-Qualified and Pre-Approved MortgagesPre-Qualified and Pre-Approved Mortgages – Similar TermsEssentially, these two terms are similar, mortgage lenders and real estate stakeholders can often use these terms interchangeably. However, being ‘pre-qualified’ doesn’t not mean you have been ‘pre-approved’ for a mortgage.Being pre-qualified by your mortgage lender is usually an initial step towards mortgage approval, however your mortgage has yet to be approved.Pre-Qualification ProcessPre-qualification discussions with your mortgage lender usually focus on affordability, your debts, your income, and debt serviceability (and other items), it may even include a mortgage ‘stress test’ to ensure you can make your mortgage payments.Many Steps in the Mortgage Financial Approval ProcessThere are many steps prior to having a mortgage approved, pre-qualification is only the first step.Your mortgage lender may need an appraisal performed on your home, which may or may not be the same as the purchase value. If the appraisal is lower, that could be a big problem, and may require a larger down payment.It is possible that the appraisal may only be performed once you have signed the ‘Agreement of Purchase and Sale (APS) and have requested a mortgage approval, which may affect closing timelines.Be ProactiveBeing proactive with your mortgage lender, early in the home buying journey is essential. Discuss these potential issues with your mortgage lender and ask for advice to limit any last-minute frustrations or surprises.Your mortgage lender can help you navigate proactively throughout the process to limit approval issues.Be Thorough With Your Mortgage LenderDiscuss and understand the entire mortgage approval process with your mortgage lender. Review the value of the homes you are considering along with your affordability and being able to service the mortgage payments.Ensure that you understand the mortgage lender’s appraisal process and it’s timing, and how that may affect your home purchase.Mortgage Calculators Are Not CommitmentsDuring your mortgage application meeting or discussion, most mortgage lenders provide you with simple mortgage payment calculators that will show you how much your payments will be based on varying down payments.These calculators are not commitments.A verbal approval or email may not be an official commitment to provide you with funds you will need, although it might be with some lenders. It is critical to understand the mortgage lending process specific to your lender.Your mortgage specialist will need to outline their mortgage lending approval process with you and when your funds would be available.Contact a Lawyer Early in the ProcessAt this early phase in your home purchase, it may be a good time to contact a lawyer. If you still have your lawyer from your last home purchase, great. If not, contacting a good lawyer (e.g., referral) early in your home purchase journey is vital, and who you should speak withprior to signing important documents.Mortgage Lender CommunicationsMost mortgage lenders have a formal communication process that includes notification of your mortgage approval, based upon current home appraisal, debt, credit history and income details.This communication is often an email referencing your mortgage approval details, and perhaps an email attachment with an approval letter. Ask your mortgage specialist how they will communicate that official approval to you.Mortgage Commitment LetterNot be confused with ‘Pre-Qualified’ or ‘Pre-Approved’ mortgage terms, this term is usually used for the formal communication from your mortgage lender directly to your lawyer, indicating that mortgage funds have been allocated or available for transfer, usually the day of closing.Obtaining a mortgage commitment letter indicates that the bank is satisfied that you are able to afford a certain loan, at a qualified interest rate. However, the mortgage commitment letter will contain various conditions requiring approval, prior to funding taking place.Mortgage Approval Process Awareness – Selling Price vs. Appraisal ValueAppraisal DetailsAnother critical component that can affect the duration of a mortgage approval duration and process is the appraisal value of the home you want to purchase. Especially if the appraisal is performed during the mortgage approval process and the home appraisal value is now lower than the selling price.Property Appraisal Process and TimingThere is a bit of a disconnect in the mortgage application process, in this regard.It is uncommon for a lender to conduct an appraisal on a property until and unless you have signed and accepted an Agreement of Purchase and Sale. However, the appraisal of the property will directly impact the amount your lender is willing to lend you.The reason being lenders have very strict rules on debt-to-equity ratios. That is, the lender will not loan more than a certain percentage of the value of the property (a value that is confirmed by their appraiser). It is a very much a chicken and egg scenario, as you won’t know what your lender will agree to lend, until your appraisal is completed.But you won’t get an appraisal completed, until you have signed and accepted an Agreement of Purchase and Sale. This is why it is important to be very diligent when it comes to submitting an offer close to your “spending-limit”.If the selling price of your home is higher than mortgage lender’s appraisal, this can cause stress, disappointment, and frustration, along with delaying, or even terminating the home purchase, and possible loss of a down payment.Mortgage Approval ExampleAs an example, if the home you want to purchase is selling for $1,500,000, you will need 20% down for the mortgage (mortgage lender/bank lending maximum for your home is 80%).The maximum mortgage amount (80%) would be $1,200,000 and your down payment would be $300,000.However, if home values in your area have been declining, and the mortgage lender or bank’s appraiser now values the home for $1,350,000 instead and the house sale value is $1,500,000, the down payment will need to be increased to make up the difference. Which would be $420,000, a possible gap of $120,000.This could be a deal breaker, if the home buyers are unable to increase the down payment.Finance Conditions or ClausesBe Careful Removing Conditions and ClausesCompeting for the purchase of a home is not uncommon. To be successful with the purchase of a home, agents and buyers often remove conditions or clauses that the seller may find obstructive compared to other buyers offers (e.g., finance or home inspection conditions).Tread carefully with the removal of conditions which are included to protect your interests.Risk Reward of Conditions and ClausesYou and your real estate agent will need to balance the risk/reward of adding or removing conditions and clauses.As stated in the Mortgage Approval Process Awareness – Selling Price vs. Appraisal Value previously, if the ‘financing condition’ had been removed, the buyer would need to increase their down payment, and if not, they may lose their deposit or may be liable for other costs incurred by the buyer for the terminated deal.Two of the most helpful suggestions based upon our experience, for prospective home buyers are as follows:1. Ensure that you read and re-read documents, and thoroughly understand the entire process, and what you are signingIf you are unsure or uncomfortable, ask your lawyer, mortgage lender, or real estate representative for clarification or advice.Start your planning early.For example, ensure you understand the mortgage lenders approvals processes, sometimes ‘Pre-Qualified’ or ‘Pre-Approved’ doesn’t mean your lending institution has funds ready for you. Confirm the process with you mortgage lender, and when the funds would be available for you to make an ‘offer’.2. Set your expectations accordinglyThe mortgage process takes time, there are many ‘moving parts’ and stakeholders. Some of these processes can work at the same time, others, need to wait for the previous step or process to be completed. Sometimes steps can get delayed, which can impact the next step in the process.Agreement of Purchase and Sale (APS)One of the most important documents you will be signing will be the Agreement of Purchase and Sale (APS). You should become very comfortable in understanding the contents and the importance of this document.The Agreement of Purchase and Sale is the written contract between the seller and the buyer. The specific details of the APS are the offer to purchase real estate property, land, and the purchase of a home.The APS is referenced by the Ontario Real Estate Board (OREA). The APS includes the agreed upon price and the terms and conditions. This form contains page detail requirements and numerous number clauses and requirements.To familiarize you with the APS, we have provided many of the items on the APS, detailed below:The Agreement of Purchase and Sale includes:Buyers and Seller namesAddress and precise specifics of the property and it’s exact locationThe purchase priceDeposit detailsHome value balance funds payment detailsIrrevocability dateCompletion DateNotices: Who is appointed and responsible for providing and receiving noticesChattels: What is ‘included’ with the propertyFixtures which are excludedRentals items and rental contracts. Equipment that is being rented, e.g., water heaterHST obligationsTitle Search and Requisition DateFuture use details, e.g., warrantyTitle, details including registered restrictions, charges, liens, encumbrances etc.Closing Arrangements, including lawyer APS completion details, location, funds exchange details etc.Documents and Discharge, title deed detailsInspection, buyer inspection process and detailsInsurance, insurance responsibilities of the seller and the buyerPlanning Act detailsDocument Preparation, Transfer/Deed detailsResidency, residency/non-residency declarationsAdjustments, any outstanding items, such as rents, mortgage interest, realty taxes details etc.Property Assessment detailsTime Limits detailsTender, funds details, including dates and acceptable transfer typesFamily Law Act, includes spousal consent detailsUFFI, Urea Formaldehyde Foam Insulation declaration detailsLegal, Accounting and Environmental Advice, advice disclosureConsumer Reports, Buyer credit checkAgreement in Writing. Buyer and Seller agreement fundamentalsTime and dateSuccessors and Assigns. Stakeholder signaturesSpousal Consent, signaturesConfirmation and Acceptance, signaturesInformation on Brokerage(s), Listing and BuyerAcknowledgement, signatures3. Timeline Expectations – What to Expect in the Last Two Weeks Before Closing Closing Day Timelines Vary and FluctuateA typical home purchase to closing process can take 30 – 45 days, more or less. Each situation is different and can be affected by the many different circumstances. There are many stakeholders involved with diverse responsibilities.The Last Two Weeks Are the Most ActiveThere are many variables which can affect the entire timeline and duration. The last one to two weeks of that process are the most active and can require a great deal of your time and attention.Real Estate Agent – APS Handoff to Your LawyerOnce the Agreement of Purchase and Sale has been signed off and all conditions waived, and completed, and prior to closing, your real estate agent will send the copy of the signed APS to your lawyer who will begin the processes to complete the purchase.Although the lawyer has received a copy, many home buyers have their lawyer read the APS in advance of its signing, which may help avoid disputes.Understand Key Stakeholder Roles, Including Your Real Estate Agent and Your Lawyer’s RolesWhen buying a property, you will want to meet with your lawyer to discuss their role, fees and how they can be of assistance to you.During these discussions it would be worthwhile to discuss the services and searches available which of the lawyer’s services are appropriate for your purchase transaction.Search of the Title of the PropertyOne of the primary functions of your lawyer’s responsibilities to you will be the ‘Search of the Title of the Property’ and ensure there are no prior claims.The APS specifies that you will receive title to the property ‘free and clear’ of any claims, builder’s liens, easements, leases, judgments, previous mortgage declarations etc. Your lawyer will review many documents, including:Mortgage details, any outstanding mortgages on the property by the sellerHome/property insurance coverageIf a condominium, documents related disclosure statements, financial statements, bylawsIf applicable, the property survey certificateAppliances, fixtures, and chattels included with the home purchase (APS)Mortgage financials. Ensuring that adequate financing is available on the day of closingSeller’s lawyer documentsZoning bylaws complianceIf a new home, any warrantiesProperty taxes are up to dateNo outstanding utility accounts balancesIf applicable, the property survey certificateDocuments related to the condo, for example applicable bylaws, financial statements, disclosure statements, etc.Be PatientSome processes are aligned and are processed along the same timelines; however, many processes are sequential, or happen one after the other, which can take time as one stakeholder will be waiting for previous stakeholder work effort.Be patient with your stakeholders. Your home purchase stakeholders are actively representing your interests.Be Organized and ThoroughThere are many factors which may help reduce timeframe prior to a home closing.One of the factors is having a home buyer that is properly organized and prepared in advance of important milestones.The home ‘closing’ can be a complex process, which includes:NegotiationEscrow DepositTitle Search and Title InsuranceHome InspectionHome walk throughsOffer to Purchase preparation and submission (with your realtor)Purchase agreement preparation and finalizingMortgage application completionMortgage lending institution home appraisalFinal mortgage loan approvalOffer to Purchase, including:purchase pricedeposit amount and particularsThe Closing Date (the day you also take possession)Request for Land Survey of the propertyConditions of offer, including financing approval, home inspection etc.extra items to be included such as appliances, windows coverings, fixtures etc.)Agreement of Purchase and Sale acceptance signaturesPrepare for Closing Day Home InspectionThe Purpose of the InspectionClosing day inspections are not an opportunity for additional negotiations.Inspections are intended to ensure the home and its contents (fixtures and appliances) are aligned with the conditions of the sales agreement and that everything in the home is in working order.Despite what the Agreement of Purchase and Sale may state regarding the number of visits you as the Buyer may be entitled to, the common-law provides for Buyers to conduct a final inspection of the property.Our recommendation is to take advantage of such final inspection to ensure the condition of the property has remained unchanged.In addition to a home inspector inspecting your home, you will need to thoroughly check the entire house and its contents the day of closing.You should be preparing a checklist of every item and appliance which needs testing, including electrical, plumbing, gas, mechanical (e.g., garage door opener)The day of closing is your only opportunity to ensure that everything in your home meets your APS expectations. After this day, any defects are the responsibility of the new homeowner.Inspection ChecklistHaving a pre-prepared checklist will help you stay focused and will help keep you from missing or overlooking something. A testing and verification checklist could include:Light fixtures and switchesFaucets and taps. Running water, check under sinks for leaks. Check walls, ceilings, all floors for leaks or damageTurning all appliances on and testingOpen and close all doors and closets, make sure they are workingCheck and test all plumbing fixtures (toilets, showers, tubs, laundry room area etc.)Open and close all windows and doors, including the garage door itself.Check the atticCheck the entire outside of the property, any debris, garbage, or previous owner propertyAdditional Items to ConsiderContacting your utility accounts in advance of Closing Day is important. Contact them early in the process, to understand how much notice they need for transfer of the utility accounts. Do not leave this until the last minute.Utilities to contact, include:ElectricGas (is the hot water heater rented or owned?)Cable and internetPhoneAlarmInsuranceMoving companyOthers4. It’s Closing Day, What Can We Expect?Closing day, or completion day, is one of the final steps in the home purchase journey. You haven’t received the keys to your new home; however, you are very close to it.Your lawyer will have some work left to do, however you should have the keys to your new home no later than 6:00 p.m. on the day of closing.Here are some practical steps to prepare you for your home on your Closing Date:Moving out, what appliances, fixtures, furniture etc. will you moving with you and what will you need?Unlocking your new home… but first things first. Before moving anything into your property on Closing Day, you will need to do a thorough final walk-through and inspectionCheck for damage or missing items. If appliances, fixtures, or other items were included, are they there? Do they work? Check all the electrical outlets, open and close all the windows, check the plumbing, look for any leaks, especially in the basement and on ceilings. Is everything operational and as they should be based upon the Agreement of Purchase and Sale.Once you have your walkthrough and inspection, prior to moving in, you may want to consider having the home completely, cleaned, carpets shampooed, windows cleaned, fireplace checked and cleaned etc.Prior to moving in, this may be a good time to do any painting or home improvements, while the house is empty. Having your home professionally cleaned, prior to moving in and after any renovations, should be scheduled in advance of moving your valuables into the home,Although a pool check should have been performed during inspection, check around the home and on the outside, for any damage or issues. If there is a pool, ensure that it is in running order, especially the pump, chlorinators, filters, heaters, skimmers etc. Check for leaks.This is what to expect on closing day.Provided that you have signed the necessary paperwork and documentation with your lending institution; on closing day your mortgage lending institution and your lawyer will be coordinating the transfer of funds to the buyer’s lawyer, and other home title and deed transfer duties. Your real estate agent may be contacted, if necessaryOnce the funds have been transferred, your lawyer will register the home purchase at the Land Title Office, and you will be listed as the new owner of the propertyThis usually requires the whole closing day, your home keys (don’t forget to prepare to change all the locks) are usually released sometime in the afternoon, by no later than 6:00 pm. Lately, practices have involved leaving keys at the property in a lockbox, to reduce the travel time for buyers, so that they may head directly to the property once the transaction closes;Your lawyer will also ensure that there are no last-minute claims on the property, release funds that have been held in their ‘trust account’, pay out adjustments as outlined in the APS ‘statement of adjustments’, including commissions, sales tax, and land transfer taxOnce the property is closed, and in addition to ensuring that the Sellers obligations are satisfied, your lawyer will provide appropriate documentation including a ‘Reporting Letter’, and an account of their applicable activities and fees related to the transaction5. ‘Are Appliances Included? Not So Fast. Don’t Make Assumptions.’The most common of issues which come up with home purchases are misaligned expectations, misunderstandings and disappointments related to appliances.Work With Your Real Estate Agent About Your Appliance ExpectationsThere are limited opportunities to ensure that your expectations are satisfied when it comes to appliances. Your real estate agent can ensure that your expectations are included and clearly outlined in the Agreement of Purchase and Sale.Appliance InspectionUnless agreed upon between the seller and buyer, appliance inspection (and testing) is not usually performed during ‘walk-throughs’.Appliance inspection could be included on home inspection. Ensure that they are the same appliances models and match your previous expectations and are in working order on the day of closing.Appliance FunctionalityAppliance inclusion is one thing; however, the condition and functionality of the appliances should be detailed.Your home inspector can include the appliances when they inspect the property. With your instruction and direction, they can test the appliances to ensure they are working the day of the inspection, however you as the homeowner will need to immediately validate all the appliances themselves and test them yourself again on Closing Day.Closing Day TestingOn Closing Day, walk through your entire home, test everything.Turn all the lights on and off, flush all the toilets, turn on faucets, etc., put the dishwasher on, the clothes washer, the dryer, the air conditioner, and other appliances.If your new home has a pool, check the filter, pump, heater etc.Unless otherwise provided for in the Agreement, the appliances are only required to be in working order up to the end of the Closing Day. As of 12:01 am the day after Closing, if an issue occurs with the appliances, then as the buyer, such issue will be yours to deal with.Appliances – Set Your Expectations AccordinglyAppliances breaking down on or before the Closing Date is an unfortunately common issue.It also happens to be an issue that is difficult to resolve after closing. Once you as the buyer spend your money and purchase your new property, trying to get a seller to reimburse you for a minor repair/fix of an appliance is very difficult.Notwithstanding that your agreement may provide for the appliances to be working as of closing, unless an issue is identified before closing, the seller may not feel “compelled” to compensate the buyer for the cost of the repair.Reading and understanding documents is critical. Being clear about the home inclusion details is important and should be shared with your realtor representative.The buyer’s real estate representative is a critical part of these details, ensure that the APS details meet with your expectations.There also may be appliances you don’t want (unwanted lighting, electrical boxes, receptacles etc., which when removed, may cause damage upon removal, these damages should be fixed prior to possession and part of the inspection.It is important for the home buyer to ensure that their real estate agent understands the buyer’s expectations regarding appliances included with the home purchase and the condition of the appliances and fixturesAppliances and fixtures can include:RefrigeratorRange/stoveDishwasherWasher and DryerWater HeaterFurnaceAir ConditionerWater softenerAir cleaners and purifiersAlarm systemPool appliances, including heaters, filters, chlorinators, and other pool accessoriesThese items need to be clearly detailed in the offer. What are the appliance and fixture expectations from the home seller, has it been defined prior? 6. The Deal Fell Through. What Happens to the Deposit?As mentioned in our section ‘Terms and Key Documents To Know Before You Get Started’ in our ‘Introduction’, a broker, realtor, or agent may claim their commission, even though the sale didn’t close. This could also be applied to any deposits currently held by your realtor’s brokerage. As we mentioned in the previous section, this would be very rare and uncommon. We’ve provided two relevant articles in our Sources and Links at the end of this post. As with most legal agreements, it may be a good idea to have a lawyer review legal documents with you prior to signing.The home purchase transaction required a deposit. The deal was defaulted, reneged, or terminated some way by the buyer, so what happens to the deposit?Seller and Buyer RightsIs the seller entitled to the deposit outright? Does the home seller need to sue the buyer to recover the deposit? Does the home seller attempt to negotiate with the buyer who terminated or reneged on the deal over releasing all or part of the deposit? We’ll provide some possible answers to those questions.Deposit LocationWhen a seller has signed a listing agreement with a Real Estate Broker, the buyer’s deposit will be paid into the seller’s Real Estate Broker’s Trust Account. Following which, the deposit can only be transferred out of the Real Estate Broker’s Trust Account, in one of the following situations:1. The purchase/sale is completed.2. The buyer and seller both provide unanimous direction to the Real Estate Broker specifying as to whom the deposit is to be paid; or3. A Court orders that the deposit be paid to one or both of the parties.The same principles apply in situations of a private purchase where the deposit has been paid to the seller’s lawyer, in Trust.OREA FormNearly all real estate agreements are completed on an OREA (Ontario Real Estate Association) form of agreement of purchase and sale, so we will begin there.Every OREA form has the following section pertaining to the buyer’s deposit:“[The] buyer submits ($xx,xxx.xx), upon acceptance by negotiable cheque payable to [the] “deposit Holder” to be held in trust pending completion or other termination of this Agreement and to be credited towards the Purchase Price on Completion.”None of the other provisions in the standard OREA form address the situation of what happens to a buyer’s deposit if he or she is unable or unwilling to complete the purchase.If the two parties wish, they may insert an additional provision into a schedule to the agreement, setting out the terms confirming to whom the deposit is to be paid upon the buyer defaulting on the purchase.Such provisions are typically rejected by buyers, as they do not want to risk suffering an immediate loss of their deposit, when the reason for their failure to complete the transaction, may be in dispute.Deposit OutcomesHowever, the law supports the seller being entitled to the deposit, in the event of a buyer defaulting under the agreement of purchase and sale and being unable to complete the purchase, (save and except what the contract may state or some rare exceptions).Despite this deceptively simple answer, how and when a seller can get possession of the deposit, is a separate question altogether.Unless both the seller and buyer can agree to what is to happen with the deposit in the event of the buyer defaulting, the Real Estate Broker/lawyer is typically restricted from releasing the deposit to the seller.Court OrdersWhere the parties are unable to come to an agreement with respect to what is to happen with the deposit, a Court Action must be started, and a Court order obtained, to determine who is entitled to the deposit.At this point, each party will be burdened with proving why the deposit should be released to them, as opposed to the other party. However, unless the buyer can show that the failure to release the deposit to them would result in an unconscionable loss to the buyer, the seller will most often, be awarded the deposit.Take-away pointsYou as the reader should take away the following points from this specific part of this post:The starting position as it relates to entitlement to the deposit is: if a buyer breaches the agreement of purchase and sale, the seller is entitled to the deposit.Where a buyer is unable to complete a purchase, and the parties cannot agree on what is to happen with deposit, then the deposit shall remain in the Real Estate Broker’s/lawyer’s Trust Account, pending a settlement agreement between the parties or a Court Order.Where a buyer is unable to complete the transaction, the seller is required to mitigate his or her damages by attempting to resell the property.Where the seller resells his or her property for less than the originally agreed to purchase price, the seller likely has a claim for the deposit, plus the loss suffered because of reselling the property at a less amount and any additional carrying costs.Conclusion Congratulations! You’ve made it to the end of this article.Whether you have recently purchased or sold a home and are embarking on another home sale or purchase, or perhaps you haven’t purchased a home in a while, or if this is your first home purchase, we hope this article was of interest to you and that we have provided some level of value.We’ve included a couple of our previous posts which may also be of interest to you.You’ve Decided To Buy: 9 Insights To Help the First Time Home BuyerYour First Home: Is Buying a Home the Right Decision for You?If you would like additional information about Nichols Law, please visit our website. Disclaimer Sources and links are provided for source credit and attribution, and for additional information purposes only. Nichols Law is not affiliated, associated, authorized, endorsing/endorsed by, or in any way officially connected with any of the sources or links provided.Sources and Additional Information:The Globe and Mail; Seller beware: Even if the deal dies, the agent may still want their commissionCBC; Real estate agencies can collect their fee even if a buyer defaults on a sale, B.C. man learnsToronto Star: When you’ve got the keys to your new home but the sellers haven’t leftGlobal News: Home inspections aren’t always an option. Here’s how buyers can protect themselvesZOLO: Every Task a First-Time Homeowner Needs on Their Possession Day ChecklistCanadian Real Estate Wealth: How long does it take to buy a home in Canada?REMAX: Ontario Real Estate Association (OREA) Form 100, The Agreement of Purchase and Sale (example)The Brel Team, The Real Estate Lawyer’s Job: After the Contract Is Signed WOWA: What Is An Agreement of Purchase and Sale?Ottawa Sun: Agreement of Purchase and Sale explainedSun Life: Buying a house: What happens after your offer is accepted?CMHC: Buying Your First Home in Canada; What Newcomers Need to KnowOntario Council of Agencies Serving Immigrants (OCASI): Should I sign a Buyer Representation Agreement with a real estate agent?CMHC: Finance your home.Mortgage basics, pre-approval, loan insurance and tips for meeting with your lender or brokerOREA Listing Agreement: Form 200 Fully ExplainedThe Brel Team, The Financing Condition: What You Need To KnowCMHC: Home buying step by stepThe Real Estate Council of Ontario (RECO): If I buy a house, how do I know if the appliances are included?Bridgewell Real Estate Group: What Happens on Closing Day When Buying a House?Paradise Developments: What Happens on a Closing Day in Ontario? (2021)CIBC: How to avoid closing day problemsMortgage InGenuity Inc.: First Time Home Buyers Guide: What about Pre-Qualification, Pre-Approval, and Mortgage Commitment Letters?The BRELteam: Selling the House You Bought Last YearMortgage InGenuity Inc.: Your House-Closing Timeline: A Step-By-Step GuideRemax: 10-Step Guide to Selling Your HomeCanadian Real Estate Wealth: How soon can you sell a house after buying it in Ontario?The Real Estate Council of Ontario (RECO): Buyer Representation Agreements: Understanding the Fine-PrintCIBC, How To Avoid Closing Day ProblemsThe Balance, Tips for Doing the Final Walkthrough Before Closing on a HomeNested Sage Real Estate, Why You Should Take Advantage of Your Buyer Visits You’ve Decided To Buy: 9 Insights To Help the First Time Home Buyer Posted on October 8, 2021You’ve Decided To Buy: 9 Insights To Help the First Time Home Buyer Introduction As detailed in our previous post “Your First Home: Is Buying a Home the Right Decision for You?” the affordability aspect of purchasing your home may be the first step for your first-time home purchase journey.It goes without saying that everyone’s first home buying experience and situation is different. However, there are additional first-time home buying exercises beyond affordability that are worth exploring and researching. These additional exercises and thought processes can be related to your own specific knowledge, comfort level, lifestyle fit, geography and neighbourhood preferences, just to name a few.In addition to having a thorough understanding of your own motivations, mindset, and objectives, you may need to depend on and trust external resources.Trusting External Resources – First Time Home PurchaseExternal resources and professionals such as financial and lending institutions, realtors, real estate lawyers, your insurance broker, home inspectors will need to be part of your process. You may want to start asking friends, colleagues, and family now for referrals for these resources, if possible.When you have eventually selected your external resources, it may also be beneficial to share your first-home purchase vision, plans, requirements, lifestyle etc. (including the outcome of this post insights) with these external resources. Let them know about other relevant, important, and pertinent background information and any other insights that are specific and important to you.Over the next few pages, we will try to highlight the possible steps and processes that you may encounter once you have decided that a ‘first-time’ home purchase is affordable and the right fit for you.Let’s get started. Home Selection ProcessOnce you understand the affordability part, one of the next steps is the type of home you may want to live in.The home selection process essentially comes down to personal tastes, needs and requirements, geographical and environmental preferences to name a few. However, there are a few insights we can share to help you get started with the type of home you may want to consider.First Time Home Purchase – Home Selection InsightsA simple first home purchase research exercise of driving or walking around different neighborhoods, may be beneficial.Look at different styles of homes, floor plans, locations, for example:CondoSingle Family (Detached)Two Storey (accessibility concerns, stairs, more privacy)Bungalow (accessibility friendly, limited or no stairs)TownhouseCape CodFarmhouseColonialContemporaryCottageFrench CountryMediterraneanRanchSplit-LevelTudorVictorianWhat size of home do you need or want? Square footage, # of bedrooms, bathrooms, guest quarters, extended family needs, garage etc.?The size of the lot the home is situated on (how much land do you need?).Give some consideration to the location of the home and the lot:Big lot or small lot (lots of room to play and entertain, space for a new pool, lots of maintenance, lawn mowing, leaves in the fall),Busy street (accessible, noisy, traffic)Street corner (people cutting across your lawn?)Ravine (airy, spacious, wildlife)Lots of trees and tree canopy (shade, green factor, cool in summer, lots of leaves to rake)The type of neighborhoods. Research the neighborhood, is the neighborhood community oriented, looking out for one another or do they keep to themselves and keep neighbor engagement and communication to a minimumWould you prefer your neighbour’s home be within a couple meters or do you prefer homes be much further away, or a ‘gated community’ perhaps?Proximity to schools, malls, grocery stores and other amenitiesLocation on a street, crescent, or courtHome Style Selection Next StepsIt may be beneficial to collect all the relevant data specific to your situation into an expanded ‘first draft’ list of your needs and wants. Once you have that initial list, you may want to prioritize, refine, and shorten the list based upon what your primary needs and preferences are.Having this list of insights, detailed primary needs and preferences will be helpful with your own decision process about the purchase price, type of home, location, style etc. This exercise will also help you by setting ‘budget and personal fit’ boundaries to work with regarding what you are looking for in a new home.These preliminary effort, proactive analysis and initial needs process will benefit your first-home purchase process by having many of the answers prepared in advance to the many questions that your external resources will be asking.Sharing this type of information with your real estate professional can help them improve their sort and search results for the home (and location) that will appeal the most to you. External Resources – Professionals, Experts and SpecialistsFor the most part you will be on this first time home purchase journey on your own. Most of the preference and decision making will all be ‘internal’ to you and you alone. However, there will be ‘external resources’ that you will need to assist you, those who you will need to depend on and trust throughout your entire first home purchase journey and process.You need to contact experts and specialists to help you along your first home purchase journey.These experts and specialists include:Mortgage SpecialistRealtor/Real Estate Agent/BrokerReal Estate LawyerHome InspectorHome Property Insurance AgentLife Insurance Agent Ask Your Personal and Work NetworkOne of the best sources for these external resources is from asking your network for referrals.Your colleagues, family, neighbors, people you know well, and friends are a valuable resource for these referrals. In addition to getting these referrals contact information, ask your source why they like this ‘expert or specialist’ and prefer them to others.Once you have collected numerous names for the resources shared with you will need to do some background research on them to ensure they are a fit for you.If a referral is from someone you know, like and trust, it’s likely that they may be a fit for you and your needs, however you should still do your homework, visit their website, call (or video call) the on the phone and if possible, meet with them before making (or signing) and commitments.Your first home purchase will include legal contracts and related complexities. You should be contacting a lawyer as early as possible, and before signing any documents, which we will detail in the Real Estate Lawyer section. You and Your Mortgage Specialist Your mortgage specialist should be one of the first resources you talk to once you have decided to purchase a new home. They will most likely be a part of your ‘affordability’ process and discussions.Your mortgage specialist should be able to lay out different mortgage options and alternatives.If you’re not familiar with mortgages, you should be knowledgeable in advance of meeting with your mortgage specialist. We’ve included a list of terms which you may want to research. Your Mortgage Specialist should also be educating you on the different mortgage processes and terminology, such as:Credit score. Information to income and debt requirements, along with formal proof and documentationMortgage Application processMortgage Pre-Approval (certificate)Home value and appraisalsHome inspectionMortgage (default) insuranceBorrower qualification and financial Stress TestsHome property and contents insurance requirementsMortgage financing specific terminology, including:down paymentamortizationmortgage terminterest ratefixed rate vs. variable rate mortgagesappraised valueGross Debt Service Ratio (GDSR) and Debt to service ratioHigh ratio and low ratio mortgagesLump sum paymentInterest adjustmentClosed mortgageOpen mortgageConventional mortgageConvertible mortgageEquityDefaultMortgage Life Insurance (vs. the benefits of separate life insurance)PenaltiesMortgage renewalLand transfer taxProperty surveyClosing costs You and Your Realtor/Real Estate Agent/BrokerNow that you have an idea about the size of your home and the type of home you want, you may want to do some research about the home’s location. An experienced and knowledgeable real estate professional can be of assistance with this exercise as well.Before contacting a realtor, brokerage or real estate agent, research your preferences on a search engine, Google for example. Visit Realtor websites and look at various homes, locations and maybe drive or walk around different locations and neighborhoods.Become an expert in your own needs and wants and share that information and those insights with your agent.Understand the difference between a Realtor, Real Estate Broker, and a Real Estate agent A Realtor belongs to the Canadian Real Estate Association (CREA). A Realtor may have more professionalism, ethics, training, and experience. Realtors must continuously abide by CREA training, membership, ethics, and code of conduct.Real Estate Brokers have additional training and licensing which allows them to hire other real estate agents to work for them. They must be a licensed Real Estate agent for two years before beginning the additional licensing, training, and courses.Real Estate Agent is licensed (courses and pass exams) to help people buy, rent, and sell real estate, but doesn’t belong to CREA (unless they are a CREA member, then they would be a Realtor). A Real Estate agent must work for a real estate broker (all deals must go through a brokerage that operates a trust account).Being knowledgeable about your own needs and wants will help your real estate resource help you. They will gather necessary market and neighborhoods intelligence to help you on your first-time home buying journey. Your real estate professional should be proactively reviewing the types of homes and neighborhoods you want to visit and eventually, and if appropriate, home viewings and walk-throughs.Do your homework, it would be helpful to know (and share) your preferences for:Affordability and budgetGeography and location (What city, suburb etc.)Home style, floor plan etc. preferences. Lots size, maintenance comfort levelNeighbor type preferences (how close do you want your neighbors? What type of neighbors?Lifestyle (single, couple planning a family or not)Type of amenities or access you want to be close to (boutiques, shopping malls, transit, highways)Accessibility requirementsOther ?When you share this type of information and insights with your real estate representative, they can use that information through their own real estate ‘lens’ which will help them help you with your selection process.Be patient with all your external resources, especially your real estate resource. After sharing your preferences with them, they may also show you homes outside of the parameters you requested. They may just be trying to offer you information or alternatives that you may not be aware of, and they may also be trying to understand your boundaries, decision making process and preference levels.Sometimes the dream homes people eventually end up buying were outside of the information, preferences or details provided to the real estate agent. Be transparent and let them know if this approach is helpful or not. You and Your Real Estate LawyerOnce you have decided and confirmed that you can afford a new home, have discussed mortgage details and alternatives with a mortgage specialist, and have initiated the home purchase market activities with your real estate representative, you should be contacting a real estate lawyer that you are comfortable working with, this includes their staff as well.Your real estate lawyer will be fulfilling a critical role with your first-home purchase, so your real estate lawyer should be involved as early as possible.It’s imperative that your lawyer be a knowledgeable and competent legal specialist when it comes to helping you with your first-home purchase transaction. You will need a friendly, thorough, and detail-oriented lawyer and office staff who are client service oriented who will help you navigate through the entire process.Agreement of PurchaseAn Agreement of Purchase and Sale can deal with numerous issues and can be complex. Being proactive and transparent with your real estate lawyer is very important, in advance of signing any home purchase documents. You may wish to share the Agreement of Purchase and Sale with your lawyer, before signing. This can help avoid any disputes and lower your costs, if there are any disputes.The role of your real estate lawyer will include:Initial introductions, including understanding your needsWorking with your mortgage lender or specialist to make sure your financing is receivedReview of mortgage related agreements and documents, ensure you are aware of your legal rights and any obligationsTaking all the necessary steps to ensure your first home purchase is successfully completedAdvising you about including any conditions on the home purchase that can give you flexibility if you wish to withdraw from the deal. These conditions could include that the sale is subject to a home inspection, financing or review and approval from your lawyer. These conditions could be helpful if there is something wrong with the property and you want to withdraw from the dealReview of the builder’s purchase agreement if you are buying a newly built home. Ensure that the builder’s purchase agreement is fair to both partiesReview of the lot survey and deed to ensure there are no encroachment issuesReviewing the Agreement of Purchase and Sale from your real estate representative, ensuring the document is clear, complete, concise, and effectiveIf buying a condo, review of condo status certificates, and ensure that the condominium corporation is financially sound and stable. Examine any condo rules, regulations or provisions which would not be in your favorComplete property title searches. Your lawyer must ensure that your home and its title are free from any liens or other burdens or impedimentsEnsuring that that property taxes, utilities, are up to date. If any utility bills or taxes have been pre-paid by the previous owner, you will need to re-imburse these funds to the seller as part of closing, your lawyer will oversee this reimbursement as part of the overall transactionArranging title insuranceHome purchase ‘searches’ availability and discussionBuilding and zoning searchesNew home warranty or resale home warranty awareness and reviewEnsuring that any mortgages or lines of credit registered against the home’s property title are discharged and paid-outProperty fees collections, down payments, taxes, and disbursements paid out related to the property purchase or saleMortgage modifications (if required)If a private sale, provide transaction advice, negotiation of terms, preparing a sale or purchase agreementPreparation of closing documentsYour lawyer will:Let you know about your closing costs in advanceAlso process the mortgage funds from your lenderDeposit those funds in a trust while the deal closesDiscuss any other closing costs with you, including their fees and disbursements, and applicable title insurance You and Your Home InspectorHiring a home inspector can help save you a lot of headaches and potentially save you a great deal of money.How else would you know if the home you about to purchase has a leaking roof or basement, or the windows and home are in poor shape in need of an upgrade?If the previous owner hasn’t been properly maintaining the structural integrity of the home and the home has serious structural issues, then you may have many costly issues with the home going forward. This would not be a good experience for the ‘first-time’ homeowner.A home inspection prior to buying a home can identify significant issues with the property you are thinking about buying. These issues would need to be repaired to your satisfaction or you may want to back out of the home purchase deal altogether. Having a home inspection can help you avoid these types of issues.Home Inspectors Are Not RegulatedThe home inspection sector is not government regulated, so anyone who wants to can call themselves a ‘home inspector’. Perhaps asking your friends and family, a Realtor, broker, or real estate professional for a referral may provide the best inspector for your needs.Most credible home inspectors will have extensive background in home construction, along with expertise related to environmental or chemical sector. They often have civil engineering experience with diplomas or degrees, along with home inspection certification and training from inspection associations and colleges.You should keep in mind that a home inspection will identify only observable issues with the property. That is, issues which can be discovered by walking around and looking at the interior and exterior of the property. Issues that are hidden behind walls or buried in the ground, are likely to be missed by even the most experienced inspectors. This is why it is important to include warranties into the Agreement of Purchase and Sale, that protect you as the buyer, from any hidden defects that an inspection may miss. You and Your Home Property Insurance AgentThe primary objective of home property insurance is to protect your home, its structure and most of its contents in the event of loss or damages such as a burglary, fire, or a storm.Home property insurance ‘may’ also protect you when you are away from your home as well. It’s best to check with your home insurance provider, about coverage specific to your needs.Home property insurance can also cover your personal belongings, including your furniture, appliances and living expenses should a loss or damage event arise.If you have expensive items, you may need additional coverage also known as ‘endorsements or riders’.The Importance of Maintaining Your HomeHome property insurance will not cover neglect, so keep your home’s infrastructure up to date, including:RoofWindows and doorsHeating and air conditioningBasement (leaks)PoolOther ?Another component of home property insurance is personal liability. Home property insurance usually covers people who may be injured on your property or in your home, liability limits vary.Different types of homes and dwellings need different types of home insurance coverage:HouseCondoRentalAt some point in your first-home purchase process you will be asked for some type of proof of insurance. Home property insurance is a critical component of a home purchase and is required for one or more of your external resource’s stakeholders, especially your financial institution who is lending you the funds for the home. In fact, most financial institutions and lenders will not release mortgage funds until you have provided proof of proper and adequate insurance for your new home, to your lawyer.Be Thorough With Your Property Insurance Research and SelectionSelecting property insurance is not a detail you want to leave for the last minute. Property insurance should also be included in your affordability and budgeting process.Researching and selecting property insurance should be near the top of your list once you have decided to make your first-home purchase.Much of the planning and organization details we are discussing in this document will be helpful to have when speaking with a property insurance agent, they may ask many questions, including:Type of insurance needed. Home, condo, or rental (tenant)Home address and homeowner(s). Whose name is on the deed.You may be asked your age, gender, marital status, dependent children, and ages of people living at the homeOccupationType of dwelling and square footageGaragePlumping typeWiring typeExterior materials (brick, stone, siding etc.)Coverage start dateWhen was the home built?Finished basementOperate a business from homeRent any part of the home or propertyProvide a list of expensive items, such as bikes, watercraft, artwork, jewelry, wine, or spirits, otherHome alarm, covering water, fire, or theftClaims historyContact details, such as phone number, email, and addressesAlumni (preferred rates)When to Buy Home Property InsuranceIf you are in the process of bidding or making an offer on a home, if you haven’t already, be proactive and contact your preferred home property insurance company about your first-home purchase plans and activities.Once you have a bid on a home and have a ‘close and move-in’ date, you will need insurance when you assume ownership. Life Insurance Agent – Mortgage Protection InsuranceAt some point during your mortgage discussions, you will be asked about ‘optional’ life insurance for your mortgage also known as mortgage protection insurance. You can purchase this type of insurance through your financial institution, or you can purchase it separately.Ultimately, the decision is yours to make regarding the type of insurance you need, we will try to outline a selection of pros and cons, and alternatives.Not to be confused with mortgage default insurance (less than 20% down payment), like the type we detailed in “Your First Home: Is Buying a Home the Right Decision for You?” that is available from CMHC.Mortgage protection insurance covers you if you die or become disabled. Some financial institutions offer a ‘death only’ component. The premiums are added to your mortgage payment.Advantages and DisadvantagesThere are advantages (convenience) and disadvantages (cost and eligibility when you need it) of purchasing from your financial institution.You have a few options and questions to think about:Do I need life insurance for the new home’s value? What liabilities do I have should I die or become disabled?Do I already have life insurance separately that already covers the house value? Can I increase that coverage with my current life insurance broker?Is the cost of adding insurance coverage from the financial institution greater than purchasing life insurance separately from an agent? Mortgage insurance purchased from a financial institution shrinks as your mortgage decreases, yet the premium often stays the same, is this good value?Can I purchase life insurance from an agent or be refused insurance? Is the life insurance being offered only available from the financial institution?Will the financial institution honor the coverage? Insurance from financial institutions is often provided without a medical examination requirement, yet when a claim is made the coverage may find an issue or violation of the insurance and leave you exposed with no insurance when you need it.When you purchase life insurance through your financial institution and you renew your mortgage, the premiums could go up.If a claim is made from a financial institution’s life insurance, the bank or financial institution usually receives the insurance funds directly, those insurance funds do not go to the homeowner. From a financial planning perspective, this may or may not be the best option at the time for your beneficiaries.If you need additional life insurance coverage for your home value, speak to a financial planner. Or speak to a qualified and knowledgeable life insurance agent and provide your situation and particulars. There may be some longer-term advantages and benefits to purchasing your own life insurance on your own. Decision Making – Making an Offer and Closing Date ActivitiesAt this point in your first-home purchase journey, you have decided you can afford a home, have performed all the activities leading to the selection of the home you desire, and now you and your real estate representative are ready to make an offer to buyer or their real estate representative.This is your first home purchase, so you’re going to be exposed to many new terms, complexities, acronyms, processes, and information that will be foreign to you.Talk to a Lawyer Sooner Than LaterWhen it comes to signing any contracts, agreements, or documentation, it would be prudent and best advised to talk to your lawyer prior to engaging in any signing of documents. At least initially, and even for the more harmless looking documents that your real estate representative will ask you to sign before you begin your first home purchase journey.Inform your lawyer or legal representative that this is your first home purchase. They should guide you through the process, and let you know which documents you will need their help with and when. There may be documents that appear harmless to sign, however having a discussion with your real estate lawyer beforehand will give you some peace of mind for your first-time home purchase transactions.There is only one legal expert who is qualified from a legal perspective, that is your lawyer. That doesn’t mean that real estate representatives are not familiar or have knowledge about the Agreement of Purchase and Sale, however they are not experts on the legal conditions, clauses, or their ramifications, to name a few reasons.When you hire a lawyer to assist you with the purchase of real estate, the lawyer should perform a number of searches to ensure that the possibility of problems with the real estate is minimized. You, as a buyer, should discuss with your lawyer what searches are available to you and which are appropriate for your purchase transaction.Get Comfortable With Paperwork and ContractsThere are many documents and paperwork involved with buying or selling a home in Ontario.The Ontario Real Estate Association (OREA) has developed a set of standardized forms that are most commonly use for the resale of residential or commercial property. These forms are generally very good and complete, but they deal with a lot of issues and can be complex.Most agreements to buy and sell real estate are created on pre-printed forms which have been created by the real estate industry or by lawyers.Understanding your obligations and entitlements of your Agreement of Purchase and Sale before you sign it can avoid disputes and lower your costs. Having your lawyer review the Agreement of Purchase and Sale with you before you sign it can ensure that understanding.These documents may include:Agreement of Purchase and SaleAgreement of Purchase and Sale CondominiumBuyer Representation AgreementBuyer Customer Service AgreementConfirmation of Cooperation and RepresentationListing Agreement – Authority To Offer for SaleSeller Customer Service AgreementWarrantiesSome properties are bought as new homes, and some are bought as resale homes. New homepurchases are covered by Ontario’s Tarion Warranty. Resale homes are not covered by any warranty other than what is given by the seller and agreed to in the Agreement of Purchase and Sale.It is therefore imperative that buyers negotiate for warranties to be given by Sellers to protect themselves from any issues which arise after closing.The Sales Agreement ProcessNot sure how the home purchase process work? The primary document at this point would be the Agreement of Purchase and Sale (Agreement). Every home purchase is different; however, this is a typical home purchase sale process:The first-home buyer will have their real estate representative assisting them with the finding, locating, and selecting the home they wish to purchase. They will also be involved in negotiating the first-home purchase.The Buyer’s agent will prepare an offer to purchase and submit it to the Seller or his or her representative.Once both parties have executed the Agreement, the signed agreement is then sent to a lawyer who is requested to complete the purchase.Once signed by both parties, an agreement of purchase and sale cannot be amended without the consent of all parties.Once the Agreement is signed, the final closing processes begin. All legal documents must be signed, and all payments must be paid out. In most cases, once all the closing details and transactions are completed, you will receive the keys to your first home before the end of the closing day. However, there could be factors that impact whether you get your keys at the end of closing day, these factors include mortgage funding, courier delivery of keys, online registrations completed.Don’t forget to bring your identification when you are signing documents with your lawyer. They usually need to make two copies of your ID. One must be photo ID (not Health card), your passport can be your other ID.Picking Up the Keys to Your New HomeOnce you have picked up your keys, you can start the process of moving in, or in some cases some first-time home buyers take some time to do some renovations, painting, cleaning, upgrades before they move in, providing they have a place to stay. Conclusion – Next Steps Congratulations! You’ve made it to the end of this article, and perhaps you’ve already started your first-home purchase journey.In our previous first-home purchase post “Your First Home: Is Buying a Home the Right Decision for You?” we provided insightful details about the most important part of your first-home purchase process, Affordability. You will learn about the critical next steps once you have decided that you can afford your first home.In addition, if you’d like to read more about purchasing your first home, we have linked several articles below discussing similar topics. In addition, please visit our Real Estate Law and Buying A Property sections on the Nichols Law Professional Corporation website. Sources and Additional InformationDisclaimerSources and links are provided for source credit and attribution, and for additional information purposes only. Nichols Law is not affiliated, associated, authorized, endorsed by, or in any way officially connected with any of the sources or links provided.CMHC: Home buying Step by Step: Your guide to buying a home in CanadaYour First Home; A Buyer’s Kit for Condos and Houses book, by Kimberley Marr, CAAP, ABROttawa Sun, When To Contact a Real Estate LawyerGovernment of Canada, Before You Sign Any Contract: 10 Things You Need To KnowGovernment of Canada, How Much You Need for a Down PaymentCanada Mortgage and Housing Corporation (CMHC), Debt Service CalculatorTD Bank, Mortgage AffordabilityGlobal News, Banks Sell Mortgage Insurance, but Independent Experts Say You Shouldn’t Buy ItCanada Mortgage and Housing Corporation, CMHC mortgage loan insurance costsGovernment of Canada. RRSP. How To Participate in the Home Buyers’ Plan (HBP)Financial Services Commission of Ontario, Understanding Home InsuranceMitchel and Whale Insurance Brokers, What Questions Do I Need To Answer To Get Home Insurance?Ottawa Sun, Four Closing Day Questions Answeredca , How To Buy Homeowners Insurance in 2020Desjardins Homebuyers GuideCanada Mortgage and Housing Corporation (CMHC), The first-time home buyer incentiveGovernment of Canada Homebuyer Incentives and RebatesMoneySense, 6 smart strategies for first-time home buyersGenworth Canada/SAGEN, A step-by-step guide for first-time homebuyersca, First Time Home Buyer GuideToronto Star, First-time homebuyers see new opportunities, challenges in pandemic economynesto, Closing Costs: What are They And How Much Will You Pay?Toronto Star, ‘An unexpected prize for young Canadians’: How the pandemic helped a wave of first-time home buyers get into the marketFivewalls, Toronto Real Estate – Prices and StatsRocket Mortgage, 20 Popular Home Styles And Types Of HousesRoyal Homes, Comparing Bungalow Floor Plans Over Two-Storey HomesRoyal Lepage, 4 Important Things to Know About the Difference Between a REALTOR and Real Estate AgentRE/Max, Ontario Real Estate FormsBRELteam, Real Estate Paperwork Explained: For Ontario BuyersYoung&Thrifty, Buying a House in Canada: A Guide to Buying Your First HomeGovernment of Canada, CRA Principal Residence Capital Gains Exemption?Storeys, What’s the Difference Between Realtors, Agents and Brokers? Your First Home: Is Buying a Home the Right Decision for You? Posted on October 8, 2021Your First Home: Is Buying a Home the Right Decision for You? Introduction A home purchase is most likely the largest financial decision a person, couple or family will make in their lifetime.A home has an important purpose, it provides you with shelter. In addition to shelter, your home can be a place to rest and relax, provide opportunities to entertain your family and friends, and perhaps raise your own family.There could be numerous reasons why purchasing a new home could compel you to venture into the real estate market. If you’re renting, you may have driven or walked past a ‘dream’ home that was for sale and wondered “what if”? Perhaps a home of a friend or acquaintance came up for sale, a home you could see yourself living in, which compelled you to look at or visit the home’s ‘open house’.Can I Really Afford To Purchase a New HomeRegardless of the reason for looking at first time home possibilities, at some point during your ‘thinking about it’ home purchase exercise, you ask yourself “Can I really afford to purchase a new home” The primary information within this post is intended to guide the first-time home buyer who is thinking about buying their first home and is comparing home ownership with renting. The first-time homeowner may need answers about whether they can afford to purchase their first home or not.Although this post is written for first-time home buyers, there may be insights within the post which may help some buyers who have previously purchased a home.Let’s get started. Taking Your First Home Buying Steps Deciding to finally purchase your first home can be somewhat overwhelming. Where exactly do you start?Before you get started with your ‘First Time Home Purchase’ research on Google and visiting realtor websites, take some time and reflect about whether buying your first home is the right decision for you. The answer to this question is based primarily on an individual or family’s financial resources and whether buying vs. renting is a better investment or decision.AffordabilityMost prospective homeowners start with affordability, which we will expand upon in the following pages. Do you have the financial means to save enough for a down payment, pay realtor and legal fees, and sustain the ongoing costs of owning a home?Most first home buyers start with comparing the costs of owning a home vs. renting. In addition to a mortgage payment, home ownership costs also include many other factors such as on-going municipal taxes, home insurance, maintenance and upkeep, furnishings, day-to-day items, among others. In most cases, renters don’t have to worry about most, if not, all of these ownership related costs.These home ownership costs and financial responsibilities should be ‘top-of-mind’ when you are deciding whether you should continue to rent or purchase your first home.Home Ownership Vs. RentingWe’ll be going into a bit more detail in the next section, however it’s critical that you reflect on your own situation and whether home ownership is a fit for you. Perhaps you’re better off renting and continue building a first home down payment nest egg or investing elsewhere?Home Ownership Investment Advantages From an investment perspective, home ownership may have an advantage over renting, although your specific situation may differ.On average, the Toronto real estate market has increased 5% year-over-year, for the last 50 years. This type of growth can fluctuate and vary, meaning there are peaks and valleys and highs and lows. While this growth hasbeen the average, there are never any certainties. With the understanding that home ownership will likely cost more than renting, you may wish to compare whether you are able to save/earn on investments, at an equal to or better rate, than the average increase in home prices. You may be surprised by the comparison.If you are purchasing your first home strictly for investment purposes, perhaps having a discussion with a financial planner may be beneficial. There may be other investment alternatives that may be best suited for you from a strictly investment perspective, depending on whether the investment is short-term or long-term based. Home Ownership ResponsibilitiesHome ownership has many responsibilities, including the on-going repair and upkeep of your home and its structure.Structural repairs such as plumbing, electrical, heating and air conditioning and the roof for example, are critical home components which need to be kept in working order and functional. These repairs need to be performed by qualified and or licensed professionals.If you’re not sure about a repair, call a qualified professional first. Most maintenance, and minor home repairs like painting or cosmetic changes, or lawn mowing for example don’t necessarily need a qualified or licensed expert. Many homeowners do the simple stuff on their own, with varying levels of quality and success.If you’re not familiar or comfortable with minor home repairs, your maintenance costs may be higher if you have someone else do it.In most cases, working on your own home, such as gardening, painting, minor repairs etc., can be very enjoyable and rewarding. Ultimately, the decision is yours to decide whether home ownership is a fit for you or to continue renting without the benefits of home ownership. These are only a few examples of additional costs that you should be considering if home ownership is a serious consideration. The ‘Pros and Cons’ of Renting vs. Home OwnershipAs we mentioned in the previous section, it’s imperative you explore the benefits and risks associated with renting and home ownership specific to your financial affordability and lifestyle, for example.Home Ownership ResearchHome Ownership Research includes (but is not limited to) understanding the following:Realtor contracts and their rolesThe role of your real estate lawyerHome inspection and other possible stakeholdersUnderstanding how mortgages work, along with the role of financial institutions, including financing and lending optionsYour credit history and debtHome ownership insuranceHome contractors for any renovation needsMoving expenses and closing costsHome Ownership Benefits and DisadvantagesIn addition to providing shelter, home ownership is an investment. You are building equity. A home is in a general sense, a forced savings planFinancial loss. Your home value is not a liquid asset. If you need to sell during a low real estate market, you may lose money (lower property value, mortgage penalties, realtor fees, legal fees)Eventually your home will be paid off, with the benefits of increased property growth and equityYour first home can be your entry point into the real estate market and allow you to upgrade your home based upon your family, lifestyle, or geographic needsYou can renovate or upgrade your home and its property based upon your personal preferences and tastes, and have the benefit of potential increased property valuesRental income. Homes can be a flexible asset. If you want to move on from your current home, but don’t want to sell, you can always rent itStability, control over your living space and the pride of ownershipRenting Benefits and DisadvantagesIf you are currently renting, you are already aware that it usually costs less to rent, here are a few advantages and disadvantages of renting:AdvantagesLower costs. Aside from your rent, and perhaps a couple utility bills (e.g., electricity, cable), your total monthly costs are much lower than they would be with a mortgage payment. However, your monthly rental payments can increase each year, as is permitted under the Residential Tenancies Act.Less worry about repairs and maintenance. In most rental situations, it is up to the landlord to look after any major repairs to the propertyA shorter commitment with renting. Which makes it much easier to move to a new premises, home, or geographyThe difference between what you would be paying for a mortgage and other home ownership costs and your rent, can be saved and is readily accessible, or used for other investment purposes or to save up for a new homeIf you’re renting, you don’t have to worry about municipal taxes, repair, maintenance, and upkeep of the unit you are renting, those fees and costs are usually the responsibility of the ownerIf the property value of the rental decreases, it’s of no concern to the renterDisadvantagesRenting is not an investment. As the rental unit’s real estate value increases, you do not share in that investment value. Your rent continues to be due every month, without any ownership benefits and your rent may be increased from time to timeIf the property owner decides to terminate your rental (within the terms of the rental agreement), you will have the burden of finding a new place to liveHome Ownership AffordabilityIf you don’t have the financial means of:Saving for a minimum down payment (usually 5% of the home purchase price)A sustainable income and savings to make your mortgage payments and weather any future income or employments gapsPaying to keep your home maintained and structurally sound… then perhaps home ownership may not be for you.If you don’t have the funds for a down payment, however you have the financial means to save for a down payment, then now is the time to start.Home Purchase Down PaymentIn most cases you will need a minimum of (not including closing costs, which we will get to) *:Home Purchase ValueMinimum amount of the down payment$500,000 or less– 5% of the purchase price$500,000 to $999,999– 5% of the first $500,000 of the purchase price – 10% for the portion of the purchase price above $500,000$1 million or more– 20% of the purchase price*Government of Canada According to the Canadian Real Estate Association, the average home value in Canada is $538,831, a 5% down payment for this average home would be $30,826. Obviously, that home value may be much higher in major Canadian cities.Home values in the suburbs of major cities may offer a lower home value and subsequently a lower threshold for a down payment. The average home value in the Greater Toronto Area in April 2021 was $1,090,992, which would represent a down payment of at least $54,550.Home values on the border of the GTA may be even lower. Whitby, Ontario for example, may have average home values which are slightly lower than the GTA, which would mean a lower down payment.Whether you need to save $25,000, $35,000 or $55,000 or more, saving up for a down payment will need focus, discipline, sacrifice and hard work.There are a variety of ways to start, and grow your first home down payment, including:Focusing on your career. Putting in longer hours, along with promotions and raises in salaryFreelance or gig work as an extra incomeNot upgrading your car, or buying a less expensive oneLimiting your discretionary spending. For example, less restaurant meals and take out, and more home cooked mealsReducing your entertainment expensesPerhaps putting those vacations on hold until you have saved for your down paymentFinding a rental that costs lessContribute to your RRSP. The Canadian government will allow first-time home buyers to use up to $35,000 (no withholding tax) of their RRSP for a qualifying home purchase, provided they pay it back over 15 years ($35,000/180 months = $195 per month). For those that have used this plan previously, there may be exception, if you haven’t owned a home for a minimum period.Government Assistance and ProgramsHome Buyer’s Plan (HBP)First-Time Home Buyer IncentiveHome Buyers’ AmountGST/HST New Housing RebateCanada Greener HomesMortgage Loan InsuranceMortgage loan insurance must be purchased if you are obtaining a mortgage from a regulated bank and your down-payment is less than 20% of the price of your home. Obtaining a mortgage from a private lender does not carry with it the same requirements to obtain mortgage insurance, but does carry with it increased closing costs. You may wish to read our post on private mortgages ‘Six Factors To Consider Before Contacting a Private Lender’.Mortgage insurance protects the mortgage lender in the event you fail to make your mortgage payments and are in default. The premium can be added to your mortgage; however, you will pay interest on it and in some cases provincial tax will be applicable.If the home value is $1 million or higher and if the loan doesn’t meet mortgage insurance standards, mortgage loan insurance will not be available.The fee for mortgage loan insurance ranges from 0.6% to 4.50%, the rate depends on how much your down payment is, the larger the down payment, the less the mortgage insurance rate will be.Mortgage loan insurance providers:Canada Mortgage and Housing Corporation (CMHC)SagenCanada Guaranty Mortgage Insurance CompanyClosing CostsClosing costs are ‘all’ the fees that will need to be paid to finalize the closing and sale of your home. Approximate closing fees range up to 3 to 5% or more of your home’s value.Closing Cost FeesThese fees may include:Appraisal feesLegal fees, including disbursements, title, mortgage, adjustments, and administrative feesTitle InsuranceLand Transfer taxHome inspection feesInterest adjustments if there is a gap between the closing date and first paymentH.S.T on new homes or commercial propertiesRebatesAs a first-time home buyer, there may be rebates available to help with some of these closing costs, which should be investigated. Of note is the first-time home buyer land transfer tax rebate, which provides a rebate of up-to $4,000.00 on Provincial Land Transfer Tax and a rebate of up to $4,475.00 on Toronto (Municipal) Land Transfer Tax. Qualifications for the rebate are subject to a number of factors, so it is best to speak with your lawyer to determine whether you qualify or not.Conclusion – Next Steps Congratulations! You’ve made it to the end of this article, and perhaps you’ve already started your first-home purchase journey.In our next article “You’ve Decided To Buy: 9 Insights To Help the First Time Home Buyer” we provide insightful details about the first-home purchase process. You will learn about the critical next steps once you have decided that you can afford your first home.In addition, if you’d like to read more about purchasing your first home, we have linked several articles below discussing similar topics. In addition, please visit our Real Estate Law and Buying A Property sections on the Nichols Law Professional Corporation website. Sources and Additional InformationDisclaimerSources and links are provided for source credit and attribution, and for additional information purposes only. Nichols Law is not affiliated, associated, authorized, endorsed by, or in any way officially connected with any of the sources or links provided.CMHC: Home buying Step by Step: Your guide to buying a home in CanadaYour First Home; A Buyer’s Kit for Condos and Houses book, by Kimberley Marr, CAAP, ABROttawa Sun, When To Contact a Real Estate LawyerGovernment of Canada, Before You Sign Any Contract: 10 Things You Need To KnowGovernment of Canada, How Much You Need for a Down PaymentCanada Mortgage and Housing Corporation (CMHC), Debt Service CalculatorTD Bank, Mortgage AffordabilityGlobal News, Banks Sell Mortgage Insurance, but Independent Experts Say You Shouldn’t Buy ItCanada Mortgage and Housing Corporation, CMHC mortgage loan insurance costsGovernment of Canada. RRSP. 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