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Avoiding Common Real Estate Mistakes: A Guide to the Pitfalls of Buying a Home


Introduction

Avoiding Common Home Buying Pitfalls: Your Strategic Advantage

Over 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?

Hands using a laptop with a high-resolution photo of a two-story home on the screen.

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 Buying

Buying 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 Buying

Buying 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.

A small model house caught in a metal mousetrap on a flat surface.

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 later

A Planning Method That Helps You Avoid Common Home Buying Pitfalls

One 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 Buying

Even 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:

  1. The Power of Planning and How PDCA Enhances Your Strategy.
  2. Common Pitfalls to Avoid When Buying a Home.
  3. Securing Your Home: Avoiding Mistakes in the Offer Process.
  4. The Role of a Lawyer in Real Estate: Common Pitfalls and Best Practices.
  5. Next Steps: Avoiding Pitfalls and Applying Best Practices in Real Estate.
  6. 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 Once

Throughout 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.

A small toy house sitting on a clipboard with a contract and a pen beside it.

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 Thoughts

Many 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 Strategy

The 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.

A small toy house on a table with a caution sign beside it.

In real estate, PDCA can help buyers stay organized, avoid pitfalls, and make confident, informed choices.

Applying the PDCA Framework to Home Buying

Here’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 missteps
  • Do – 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 choices
  • Check – 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 later
  • Act – 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 cycle

Why PDCA is More Than Just a One-Time Process

PDCA 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.

A dark precision dial with Plan, Do, Check, and Act indicators beside it.

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 Thoughts

Many 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 Home

Understanding Common Home Buying Pitfalls

Buying a Home Is More Than Finding the Right Property

Buying 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 inspection

Start with Financial Clarity and Trusted Guidance

Begin with Financial Clarity

Start 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 Matters

Many 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 Practices

A magnifying glass positioned in front of a lighted toy house on a dark wooden table.

While 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’ Minds

What 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 Matters

One 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.

A small umbrella covering a stack of coins to keep them dry in the rain.

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 Make

As 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 mortgage
  • Rushing important decisions without careful thought
  • Skipping a home inspection
  • Letting emotions drive their decisions
  • Overpaying for the property
  • Skipping essential due diligence checks
  • Forgetting to budget for additional costs, including closing costs
  • Ignoring long-term needs such as family growth, proximity to schools, and career advancements
  • Entering into agreements without fully understanding them

All 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 Risks

A risk measurement dial on a black background with the needle pointing between medium and high.

Home 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 Pitfalls

Step 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.

A clipboard holding a checklist with four checked boxes and a pen resting below the heading.

Being informed and working with trusted professionals may help mitigate these risks.

Common Pitfalls in This Stage

Pitfall 1.1. Delaying Professional Involvement

Delaying 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 Pitfall

Engage Professionals Early

Engage 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 Mortgage

An organized office desk with a clipboard and calculator on the right, an iPad below it, papers on the left, and a laptop at the far end.

Skipping 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 Pitfall

Get Pre-Approved for a Mortgage Early

Before 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 Costs

Underestimating 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 Pitfall

Create 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 Trends

Failing to research local real estate trends is a frequent home buying pitfall that can lead to poor timing and overpayment.

A person sitting at a desk with a phone in one hand and a graphic of a house with upward arrows and a percent symbol in the other hand.

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 Pitfall

Research 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 opportunities

Take 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 Pitfall

Evaluate the Home Objectively

Evaluate 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.

A weigh scale with a realistic brain on the left side and a large red heart graphic on the right side.

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 Thoughts

Starting 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 Diligence

Once 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 Inspections

Overlooking 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.

A person standing in a room holding a clipboard with an inspection form and writing on it with a pen.

How to Avoid This Pitfall

Prioritize a Home Inspection

Prioritizing 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 Contracts

Neglecting 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 Pitfall

Ensure Contracts Are Reviewed Before Signing

Always 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 Affordability

A close-up of a hand using a calculator with a small toy house beside it.

Ignoring 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 Pitfall

Evaluate 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 Standing

Failing 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 Pitfall

Examine the Condo’s Status Certificate and Financial Health

Protect 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 Restrictions

Overlooking property boundaries or zoning restrictions is a common home buying pitfall that can create major legal and financial headaches.

A backyard with a bright green lawn surrounded by a tall white fence on all sides.

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 Pitfall

Confirm Boundaries and Zoning Laws Before Making an Offer

Before 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 Thoughts

Rushed 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 Purchase

Before 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

A stack of contracts and papers on a desk with a large magnifying glass resting on top.

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 Pitfall

Have All Contracts Reviewed by a Real Estate Lawyer

Have 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 Wars

Overpaying 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 Pitfall

Set 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 Value

A house in the distance with green grass and small yellow flowers in the foreground and an upward-trending graphic arrow over the scene.

Ignoring 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 Pitfall

Consider the Long-Term Investment Potential of The Property

A 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 Boundaries

Not 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 Pitfall

Review the Title Report, Property Survey, and Zoning Regulations

To 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.

A person sitting at a desk holding a clipboard with a property inspection report, with a small model house on the left side of the desk.

Pitfall 3.5.    Not Reviewing Home Inspection Results Carefully

Not 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 Pitfall

Thoroughly Review the Inspection Report and Ensure a Comprehensive Home Inspection Before Closing

The 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.

A rubber stamp sitting on a mortgage application marked with a red pre-approved stamp.

Step 4: ACT – Finalize the Purchase with Confidence

If 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 Pitfall

Ensure Financing is Secured Before Closing

To 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-Through

Overlooking 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 Pitfall

Complete a Final Walk-Through

To 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

A close-up of a keychain with a house-shaped tag and another tag that reads “How much are closing costs?”.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 Pitfall

Budget for Closing Costs Early

A 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 Contingencies

Failing 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 Pitfall

Ensure 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 Thoughts

Most 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 Process

Two people reviewing contracts at a desk with one person using a calculator and a small model house on top of the papers.

The 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 Budget

Making 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 Budget

A person at a desk using a calculator with one hand while holding a receipt in the other hand.Avoiding 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 Situation

Not 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.A For Sale sign standing in front of a two-storey white house.

Offer Pitfall – Overlooking Offer Conditions

Overlooking 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 Decision

Rushing 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 Pitfall

Take Time to Consider the Offer

To 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 Conditions

Failing 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.

A person using a smartphone with an interactive map next to a laptop displaying home listings.

How to Avoid This Pitfall

Leverage Market Insights for a Strategic Offer

One 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 Thoughts

The 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 Practices

The Critical Role of a Real Estate Lawyer

A 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.A close-up of several people at a desk reviewing a contract, with one person pointing to details on the agreement.

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 Risks

Legal 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 Requirements

A 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 Issues

A 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 Team

The 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 Insights

  • Engagement Timing: Buyers should engage a real estate lawyer early in the process to avoid legal pitfalls later on
  • Title and Ownership Checks: A lawyer’s responsibility includes verifying the property’s title and ensuring no encumbrances or disputes
  • Financial and Tax Clarity: Reviewing tax obligations and financial responsibilities before closing can prevent unexpected costs and complications
  • Contract 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 disputes
  • Regulatory Compliance: A lawyer ensures compliance with local laws, zoning requirements, and taxes to avoid fines and legal issues

 

Final Thoughts

A set of house keys in the foreground with a home purchase agreement, a pen, and miniature houses blurred in the background.Legal 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 Estate

Wrapping Up: What You’ve Learned and What to Do Next

Staying Flexible While You Navigate the Process

Home 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 Practices

Understanding 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 Approach

Using 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-Making

Buyers 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 process
  • Do: Make informed decisions with professional support from agents, lawyers, and mortgage specialists
  • Check: Review all contracts, financing, inspections, and legal requirements carefully to avoid surprises
  • Act: Finalize decisions based on confirmed details, ensuring a smoother transaction

PDCA 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 PracticesWooden blocks labeled “BEST” and “PRACTICE” resting against a notebook and calculator with a magnifying glass beside them.

  • Common Pitfalls Are Avoidable: Identifying typical mistakes helps you sidestep costly errors
  • Best Practices Lead to Stronger Outcomes: A structured approach helps you negotiate effectively and avoid setbacks
  • Legal Oversight is Essential: Review all contracts, negotiations, and closing documents with professional guidance
  • Financial Preparation is Key: Understand all costs and market trends to prevent financial strain
  • Professional Guidance Matters: Real estate professionals ensure a smoother, stress-free experience 

Next Steps: Approach with Confidence

  • Plan Ahead: Research neighbourhoods, get pre-approved, and set realistic expectations
  • Work with Trusted Professionals: Consult a lawyer and real estate agent to protect your interests
  • Include Essential Conditions: Ensure home inspections, financing clauses, and legal reviews are part of your offer
  • Verify Everything: Always confirm contract terms, property details, and legal requirements
  • Act Decisively but Carefully: Double-check everything before closing to avoid surprises

Final Thoughts: Navigating Real Estate with Strategy and Confidence

To 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 Knowledge

A stack of books with a magnifying glass on top, with papers, an open book, and a pen in the foreground and a laptop and library shelf blurred in the background.Navigating 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 Resources

We’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 Sale

Six Critical Factors to Consider Before Buying Your Next Home

For more information about Nichols Law and how our team may assist with your real estate needs, please visit our website.

 

Sources and Links

Disclaimer

Sources 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 Resources

Below are categorized resources that offer additional insight into topics related to this guide.

Government & Legal Resources

CMHC — Homebuying Step by Step

Ontario Government — What to Know Before Buying a Home

Association of Corporate Counsel — Top Ten Tips for Buying Real Estate in Ontario

Ottawa Sun — Agreement of Purchase and Sale Explained

Mortgage, Financing & Market Forecasts

WOWA — 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 Canada

RBC — Canada’s Housing Market Outlook: A Tale of Two Halves (2024)

CREA — Quarterly Forecasts

Forbes — Best Time to Buy a House in Canada (2024)

CIBC — How to Avoid Closing Day Problems

 Market News & Real Estate Insights

Global News — Canada’s Housing Market Is ‘Starting to Turn a Corner’

CBC/Yahoo — Where Ontario’s Housing Market Is Headed in 2024

CP24 — GTA Expected to Surpass Vancouver as Most Expensive Market (2024)

Toronto Star — When You’ve Got the Keys but the Sellers Haven’t Left

Home Buying, Selling & Representation Guides

The Brel Team — What to Know Before Buying a Home

Toronto Realty Boutique — 10 Things to Do Before Buying a Home

Golfi Team / ReMax — Homebuyer Checklist: 10 Tips for Ontario Buyers

MoveMeTo — Negotiating That Winning Real Estate Deal

MoveMeTo — Home Improvements: DIY or Call a Professional?

Decision-Making, Due Diligence & Inspection Resources

MoorMoney Media — Buyer Representation Agreement: What You Need to Know

MoorMoney Media — House Hunting Checklist

Real Simple — 8 Home Details That Turn Off Homebuyers

ReliablePlant — How to Overcome the 10 Biggest Mistakes in Decision Making

Bidding Wars, Rules & Offers

The Brel Team — Bidding War Rules, Best Practices & Etiquette (2024)


A Practical Guide to Navigating Real Estate Transactions During COVID-19


A Practical Guide to Navigating Real Estate Transactions During COVID-19

To say that COVID-19 has impacted the Toronto area real estate market is an understatement. COVID-19 has affected and is still affecting the processes for buying and selling real estate.

There are valid, and perhaps compelling reasons why homes still need to be purchased or sold during the most challenging times. We’re hoping that this guide will help unburden some of the worries you have about real estate transactions and answer some of the questions you may have about your home purchase or home sale journey.

Buying or selling a home or property is usually a very fluid process, provided that all parties and stakeholders are working effectively towards a common goal of completing the transaction with everyone’s best interests in mind.

Coronavirus bugs on the left a hand stopping them beside a house

Of course, issues can happen; but for the most part, where there is a willing buyer and seller, most issues that arise can be overcome and the transaction completed.  This sentiment continues to be in place during the current pandemic. However, as a result of the current climate, it is wise for both parties to add additional time to the entire process, to account for unexpected or unplanned issues that may arise, and to provide flexibility and patience needed to resolve such issues.

Along with offering some guidance which may help you with your real estate transaction experience, we have provided some insights, a few observations, and we also offer some suggestions that may provide some clarity during these challenging times.

COVID-19 Market Impact

Unfortunately, the COVID-19 crisis has not only impacted the real estate transaction process, but the real estate market in the Greater Toronto Area as well. The Toronto Regional Real Estate Board revised its 2020 forecast when the COVID-19 crisis impacted real estate downwards by 69% (year over year) in the first half of April.

In addition to reduced market growth and average selling prices for homes dipping, the entire real estate transaction has become much more disruptive, complex, and restrictive, which may also affect closing timelines and costs.

Although April’s market numbers suggested a downward trend, recent activity in Toronto during the month of May shows that the market may be warming up somewhat, provided that efforts to re-open the economy continue. We will expand on additional reasons for optimism later in this article. 

Patience Is a Virtue During the COVID-19 Real Estate Transaction Process

Buyers and sellers must be even more patient and flexible in a COVID-19 environment. Physical distancing has impacted meetings and processes with your real estate agent and mortgage representatives, and your lawyer.

It has also affected open houses, showings, appraisals, home ‘walk-throughs’ inspections, and more. The stakeholders involved with a real estate transaction must find a way to navigate through the challenges, restrictions, complexities and timelines for their clients and anticipate unforeseen issues.

Work with Your Real Estate Representatives and Specialists Early in the Process

A buyer and seller must rely on their representatives and specialists to work in their best interests and be aware that in addition to making the transaction go forward, that backing out of a transaction may have costly repercussions. For example, many buyers that backed out of transactions during the April 2017 ‘Foreign Buyer’s Tax’ cooling measures, not only lost their deposits but were also forced to pay for the seller’s losses.

Client having coffee looking at his laptop screen talking with his mortgage professional on video chatThere may be additional areas of a COVID-19 real estate transaction that may have a negative impact on your specific situation. Having experienced representatives, specialists, including your lawyer, work with you and also your buyer’s representative’s is crucial, if a deal is to be worked out in everyone’s best interests.

COVID-19 Essential Services

For those buyers or sellers that need to move forward with a real estate transaction, realtors and most of the specialists involved with your transaction, including your lawyer, and mortgage brokers, have been declared ‘essential’ and can help you through the COVID-19 impacted ‘property buy or sell’.

Real Estate Sector Digital Workarounds and Improved Processes

Digital workarounds have been implemented to make your transaction more fluid, as the real estate sector learns to adapt in the COVID-19 environment. More emphasis on virtual home tours, video communications, making and accepting digital offers via digital signature are commonplace in the process, which can make the process much more efficient.

Even though many documents can be signed with digital and on-line technology, the ‘Closing documents’ will need to be printed and signed with a lawyer, and will need non-digital signatures (‘wet signatures’).

A quad split screen laptop with four specialists on a video chat

The process and logistics of closing have also evolved, along with the number of entities with the transaction. Your real estate lawyer can now perform many parts of the transaction electronically. Prior to COVID-19, your lawyer would have to oversee the exchange of funds (e.g. courier of manual cheques) and house keys. However, now there are digital solutions to help with the entire process.

These solutions include special accounts that lawyers set up so banks and lending parties can e-transfer funds to your lawyer and ensure the entire transaction is verified, validated and completed. Lockboxes are being used so that when the funds have been successfully transferred, your lawyer can provide a special code to release the keys to the property.

Even lenders have improved their processes with online applications, digital loan qualification and approvals, including smartphone apps to help facilitate the process.

Home Inspection During COVID-19

Home inspectors are also adapting with the inspection protection with hazmat suits, respirators and gloves to facilitate the home inspection as best as possible. Results of the inspection are provided electronically.

Real World Observations

Social Distancing, Plastic miniature human figurines, on a circles grid with arrows 6 feet apart

Having completed numerous real estate transactions in the current climate for the past few months, we wanted to share some observations we’ve made during this time and offer suggestions to help make your transaction proceed as smoothly as possible.

Social Distancing and Signatures

Social/physical distancing has impacted the timing of nearly every aspect of a real estate transaction. Arguably the biggest impact is that a lawyers’ ability to meet with clients in person, has been limited, if not restricted outright, (for the time being). The solution has been to allow lawyers to meet with clients virtually, to witness the signing of documents.

While most documents in a real estate transaction can be signed using DocuSign programs (including the Agreement of Purchase and Sale), closing documents signed with a lawyer still require a “wet” signature. Meaning, documents still need to be printed and signed. Arranging for the delivery and pick-up of those documents after signing has required that meetings with clients take place much earlier in the process and well in advance of closing.

Home Inspections and Walk-Throughs

With respect to home inspections or ‘walk-throughs’ prior to closing, because of the social/physical distancing measures, buyers may decide not to have their final inspection. Or alternatively, sellers may object to buyers walking through their home.

House inspector with clipboard looking inside of the house

Whether you as a buyer have the right to a walk-through of the home or you as a seller have the right to object to having a buyer walk-through your home, depends on the wording in the Agreement of Purchase and Sale. Unless the wording in the Agreement of Purchase and Sale provides the seller with the right to prevent the buyer from walking through a property, the buyer can insist that they complete their walk-through prior to closing. However, the seller can insist that proper safety precautions be taken (such as the wearing of PPE’s, confirming that they do not have any symptoms of illness, or have not travelled or been around anyone known to be sick in the last 14 days), prior to admitting a buyer into their home.

If you as a buyer are being restricted from entering the property, when you have the right to do so, you should speak with your lawyer immediately. Failure by a buyer to walk-through a property prior to closing, could result in missing out on identifying recent damage caused to a property and limit the remedies available to rectify such issue.

Land Registry Office Registrations

From the onset of the provincial lockdown, questions were raised as to whether the Land Registry Office would be deemed “essential” and remain open. Without the Land Registry Office accepting the registrations of transfers (purchases/sales), real estate transactions could not be completed.

Over two months into the provincial lockdown, lawyers and the Land Registry Office continue to be deemed essential services and remain open. While we cannot predict how the next phase of the pandemic will pan out, with the number of new COVID-19 cases on the decline, we are cautiously optimistic that the Land Registry Office will continue to remain open and prevent any obstruction of real estate transactions.

Banking Transactions

Banks have shut down certain branch offices and limited their hours of operation. This reduced service coverage has forced most real estate lawyers to turn to electronically wiring ‘Closing’ funds. With the bank’s limited hours, you should give yourself adequate time to withdraw purchase funds from your account, prior to closing and provide the funds to your lawyer in advance of closing

5 Suggestions to Help You With Your Real Estate Experience

  • Be proactive. Give yourself more time for everything. In today’s environment, every aspect of a real estate transaction takes longer. Being properly prepared will ensure that if there is a hiccup along the way, you still have time to get things sorted and back on track
  • Walk-Through Just Prior to Closing. As a buyer, insist on having your final walk-through of the property just prior to the closing date. This is an important last measure for ensuring the sellers have not inappropriately removed any chattels from the property and that the property will be left in the state of repair, as agreed upon.
  • Sellers – Establish Safety Protocols for Home Visits. As a seller, you can insist that proper safety precautions be taken, before admitting a buyer or their representatives into your home.
  • Read the ‘Agreement of Purchase and Sale’ Thoroughly and Understand It. Make sure you understand your rights and obligations under the Agreement of Purchase and Sale. While this goes without saying, it is more important than ever that you have a firm understanding of what you are entitled to do and entitled to decline. Most real estate disputes stem from an improper understanding of the terms of the Agreement of Purchase and Sale.
  • Talk to Your Representatives, Specialists and your Lawyer Early in the Process. From our experience, a 10-15-minute phone call with your lawyer to review the terms of the Agreement of Purchase and Sale, will go a long way in preventing possible conflicts down the road.

Final Thoughts

Our final observation is that real estate transactions are still closing! Despite the doom and gloom of the recent market downfall, we have successfully closed every real estate transaction scheduled for the months of March, April and May.

This activity indicates that banks are still lending money, buyers are still closing purchases and sellers are still moving out of their homes. While we can’t speak to whether the number of transactions will increase over the next few months, those that are scheduled to close, appear to be closing on time and without (too much) issue.

About Nichols Law Professional Corporation

Nichols Law Professional Corporation (NLPC) has been serving clients in Markham and York Region with legal services since 1983. The firm is operated by its Partners, Graham Nichols and Keith Nichols.

Nichols Law office location, corner of Main And Centre in Markham, looking across at the clock towerNLPC’s clients range from individuals and families that are just starting out, to growing families and businesses who are looking for future succession planning or protecting their dependents and loved ones with their estate planning needs. NLPC helps business professionals and small business owners with their legal needs for starting a new business, contract or agreement advisory or more complex corporate or commercial legal needs.

Learn More

If you’d like to read more on the subject of how COVID-19 is impacting real estate transactions, we have linked several articles below discussing similar issues.

Information Sources and Links

BNN Bloomberg. Signs of life in Toronto housing as sales surge 53% from April

Toronto Regional Real Estate Board. ‘TRREB Releases May Resale Housing Market Report’

Toronto Star. ‘Toronto region home sales suddenly tumble by 69%’

Globe and Mail. ‘For home buyers, backing out during COVID-19 crisis is not an option’

BNN Bloomberg. ‘How COVID-19 is changing the way Canadians buy and sell real estate’

Financial Post. ‘How to buy and sell a house in the time of coronavirus, from virtual tours to hazmat home inspections’

Toronto Storeys.  ‘How COVID-19 Could Impact Hamilton’s Real Estate Market: RE/MAX’