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The 'Normal' Purchasing Process
One step at a time.  It is imperative that you not try to jump the gun by first finding a house then finding a realtor and then seeing if you can afford it.  That is sure recipe for frustration and maybe a serious mistake.  It should be done in the following order.

1.  CHOOSE A REALTOR TO ASSIST IN THE SEARCH: See "Choosing a Realtor".  Remember that Realtors are now required to enter into "Buyer's Agreements" with purchasers.  Ask for explanation on what "agency" means and which party does your Realtor represent..  You should also shop around for a lawyer for the transaction.  Ask your Realtor for several names (from different firms).

A realtor has the information you need.  You don't have it by driving around, going to open houses, by reading the advertisements, by listening to your uncle Harold, or even by shopping on the internet.  It's the realtor's job to have the all the available information and the experience to know what is useful and valuable to you, so use it.  

2.  ARRANGING FINANCING: This should be done before any houses are seen. Being pre-approved gives you an advantage in assuring the Vendor that you are serious and able to complete the transaction. Do not sign for a mortgage, just ask the bank to review your credit status and provide you with a letter indicating the amount to which you are pre-approved.

Remember when actually going in to arrange for the mortgage there will be additional costs such as an appraisal fee, which most lenders will waive if pushed, administration fees, or insurance premiums, which may reduce the amount actually received, or increase the amount of the mortgage required. Take note of clauses in the mortgage such as prepayment provisions, the possibility of changing the size of payments (up or down), and whether or not the mortgage may be transferred to the next property you buy or assumed by the next purchaser to buy the property you are just purchasing.

3. DO A CAREFUL SEARCH:  Work with your Realtor to ensure both you and the Realtor fully understand what your really want.  See "What do You Really Want?"  Don't keep anything back in your communication because it will only lead to frustration and a fruitless search.  Fully explain your needs and wants remember the two are not the same thing.  Tell you Realtor when you are available to see homes.  Give your email to your Realtor to obtain quick news of new listings.  Give feedback when the listings don't seem to match what you want.  

Also, don't buy the first thing you see unless your are absolutely sure nothing else will do.  It is O.K. to spend time reviewing your options or even waiting until the right home comes on the market.  Remember, the good ones with the right price are sold quickly so move quickly, again, only if you are sure this is the one for you.  (Notice how caution and a sense of urgency can lead to a bit of stress!)

Finally, go back for a second look.  Sit quietly in the living room or kitchen.  Take an hour if you wish - if you can - to ensure this is the home for you.  Some people spend more time on buying a new computer that is outdated in three years than in buying the most expensive and necessary part of their lives.

4. PREPARING AN OFFER: After selecting your new home, discuss the requirements of the purchase with your realtor who can advise on such things as closing dates, necessary conditions, and closing costs (what it will cost you over and above the actual cost of the property). Also ensure your Realtor is up-to-date on of your financing arrangements.

Your Realtor will use pre-printed forms. They contain clauses which have been tested in the courts. When writing standard subject clauses the Realtor will use standard, approved phrases. For example just to say "subject to suitable financing" is not adequate and could lead to an unenforceable contract

Conditional clauses set out the conditions which must be met before the Agreement of Purchase and Sale becomes a binding contract. Common subjects concern financing, deposits, sale of purchaser's property, inspection by a building inspector (strongly advised even when buying a new home), lien holdbacks (for new homes), etc. They will also show whether or not they are for the purchaser's or the vendor's benefit, i.e. who may 'remove the condition'.

5. PRESENTING THE OFFER: After the offer is signed by all the persons who are to be on title, the Realtor will arrange to present it to the vendor. At this time the vendor may: accept the offer; reject the offer; or counter the offer. The Realtor will then discuss the vendor's decision with you. You, the purchaser, may then accept, reject, or counter (sign back) the vendor's counter offer.  This is when most people start to feel the serious stress.  Remember the win-win principle.  Both parties should feel that they have gained from the negotiations.

6. AFTER THE OFFER IS ACCEPTED AND CONDITIONS REMOVED: Your Realtor will send instructions to your lawyer along with a copy of the offer. Your lawyer will search title, order copies of a survey if required (to make sure you are getting the property you think you are), and find out if there are any charges on title that won't be discharged by the Vendor (such as liens or easements).

Upon receipt of mortgage instruction from the lender, your lawyer will prepare the documents including a statement of adjustment, which itemizes all the money you are paying or getting. The lawyer will ask you to come in for signatures and give you any instructions concerning other documentation as needed.

Before going to your lawyer to sign the documents, ask for the amount you will have to pay through him on the closing date. (So you are sure you have everything in place and there are no nasty last minute surprises.)

The balance of cash to complete the purchase must be delivered to your lawyer office by certified cheque the day before closing.

7. VIEWING THE PROPERTY BEFORE CLOSING: This should happen more than it does. It is important to see the property close to the closing date to ensure that what you are buying has remained relatively the same as when the decision was made to buy. This viewing right can be part of the Offer of Purchase and Sale. If you are certain that the condition is acceptable, you may wish to see the property again to take measurements. The viewing should be arranged by your Realtor.

8. POSSESSION of your new home is not usually given until noon or later depending on the time the funds are received by the vendor or their lawyer. The more likely time is 3:00 p.m.  Be very careful when thinking of asking for early access as there are serious liability and legal considerations. Also be careful when arranging for movers. You may end up paying for movers to sit in their van while waiting for the key.

 
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