Buying a home is a complex experience. At Homer Frank Law, we will assist you through the process.
First Steps – Making/Receiving an Offer
You will likely work with a real estate agent to find your home. This agent will guide you through the buying process including the signing of the Agreement of Purchase and Sale. When you are ready to make an offer, it is highly recommended that you consult a lawyer before signing the Agreement if there is anything unusual about your property or you have any questions or concerns.
If you are buying privately, or through a company such as Property Guys or ComFree, we will be pleased to draft your Agreement of Purchase and Sale for an additional fee. We do not recommend using a standardized form without consulting a professional, as agreements should be tailored to the property and circumstances.
Common Questions We Will Ask You About Your Purchase
- is the property serviced by a septic system?
- is the property serviced by a well?
- are there any items which do not appear on the survey provided (if any)?
- are there any pole lines or hydro boxes located on the property?
- are there any other signs of unregistered rights or interests (e.g. a traveled path, misplaced fence)?
- are any special adjustments required with the Vendor (e.g. oil, alarm service, key deposits etc.)?
- are you aware of an underground oil tank?
- is there a woodstove?
- is or was the property tenanted? Commercial or residential?
- does the property front on or have purported access to water?
- if so, is there a boathouse, dock or other waterfront improvement?
- are you aware that the property is under the jurisdiction of a conservation authority?
- are you aware of any unregistered agreements with neighbours or road associations?
- does the property have access from a “Provincial Highway” (vs. a municipal road)?
- were representations made by the Vendor which are not set out in the Agreement?
- are you aware of recent renovations or local service improvements?
- Are there any fixtures are subject to any rental, lease or conditional sales contracts such as water heater, furnace, alarm or water treatment system
Once you have a firm agreement of purchase and sale, please provide a copy to your mortgage broker or lender. The lender will then instruct our office to prepare your mortgage in combination with the purchase documents. Please note that a pre-approval does not guarantee your mortgage. You will need to provide your lender with additional documents.
Meeting With the Lawyer
Your real estate agent will send a copy of the Agreement to our office. We will contact you, obtain required information from you, the agent, the vendor’s solicitor and the lender to prepare your file for closing. We will arrange an in-person meeting approximately one week before closing to sign your closing documents and discuss your file. You will need to provide two pieces of ID (one piece must be a photo ID such as a driver’s licence or passport) for each person involved in the transaction. Please note health cards are not acceptable. You will also be required to bring in a bank draft for the balance of closing funds.
We are often asked what time your deal is expected to close on the closing date. The timing of a closing is affected by several factors including, but not limited to, the time we receive funds from your lender, whether you need to sell a property first and the time required to complete a sub search on closing.