While a good mortgage broker can explain to you that a mortgage is not all about rate, there are other things to consider when buying your first home. This article is a real eye-opener for new home buyers as well as experienced buyers.
by Romana King
November 21st, 2011
When Karen Somerville and her husband Alan Greenberg showed up for
the pre-delivery inspection of their brand new luxury home in Ottawa
they were horrified. Electricians, drywallers, plumbers and a variety of
other tradespeople were still busy constructing their home and, despite
assurances from the builder, the couple seriously doubted their
$443,000 new build would be ready for possession in 14 days. Electrical
wires hung from ceilings and stuck out from unfinished walls, appliances
and cabinets were stacked in the kitchen, and only a portion of the
hardwood floors had been installed. They immediately hired an
independent contractor to examine the home. The result was a deficiency
report citing 130 problems, including an undersized furnace and
ductwork, poor ventilation and improper roof installation.
At first, Karen, then a university professor, and her husband Alan,
an account manager with Sun Microsystems, tried to negotiate with the
builder to resolve the problems. When this proved futile, the couple
turned to Tarion—the private corporation that regulates Ontario builders
and provides warranties on new houses and condos. Tarion sent its own
inspector who confirmed that there were 85 defects in the home—but only
39 were considered to be under warranty.
Karen and Alan would be on the hook to fix the other defects
themselves, which would cost the 40-something couple $4,000 or more.
“This is the largest purchase we, as consumers, make,” says Karen, “and
Tarion is supposed to be there to help.” Instead, she found herself
having to document and defend an appeal against the provincial warranty
program’s decision—despite paying a $650 fee for her new home warranty.
… But as Karen and Alan discovered, there are some pitfalls specific to a new home purchase too…
Mistake #1: They fall in love with the show home
… That, of course, is the result every builder is aiming for,
explains Stan … “Most people fall in love with the show home, but you
have to realize that everything you see in that model home is an
upgrade,” he says. “And upgrades are a major portion of a builder’s 10%
to 20% profit margin.”
Upgrades are so profitable for the builder because the industry
standard is to charge double the sub-trade’s fee—a cost that is passed
directly to the buyer, Garrison says. “That means the $8,000 granite
countertops you ordered really cost your builder $4,000. Now multiply
that by 25 buyers and you can see how builders make a profit.”
That doesn’t mean you should never order an upgrade, but you do need
to be clear on what is an upgrade and what isn’t—and do a little
bargaining so you don’t get taken for a ride. “With new builds there is
no room for negotiation on the base sale price,” explains Max Wynter, a
realtor with Re/Max Realtron Brokerage in Markham, Ont. “But there is
room to negotiate the price of your upgrades.”
The rule of thumb is the more upgrades you spring for, the bigger the
discount you should angle for. “If you purchase $5,000 in upgrades the
builder may only give you a 10% discount,” says Garrison. “But purchase
$50,000 in upgrades and you can start asking for $10,000 to $15,000 off
the final price.”
Mistake #2: They trust the floor plan
Ken Grunber, who works at a video production house in Toronto, found
out too late that the new condo unit he bought in 2007 wasn’t nearly as
large as advertised. When he and his partner moved in and measured the
area, they discovered it wasn’t 700 square feet after all. The condo was
actually 560 square feet—if you don’t count the balcony and bathroom.
“That’s not unusual,” says Martin Rumack, a real estate lawyer with
over three decades experience in new build construction. “Condo sales
staff will often include balcony or terrace measurements as part of the
total square footage. New home sales staff will provide square footage
based on measurements of external walls. You can’t rely on their verbal
assurances, on the floor models, or on the sale pitch or brochure.”
Unfortunately, many new home decisions are based solely on brochures
or artist renditions. “Now I know: get every detail in writing.”
In fact, the builder has the discretion to change an image, or floor
plan, or layout and “you have no say,” says Rumack. He suggests asking
for a breakdown of room sizes and plan details, and to “get it in
writing.” Then, if there’s a substantial difference between what you’re
sold and what you get you can either negotiate a price reduction or try
and get out of the deal.
Mistake #3: They don’t get their contract lawyered
Whether you’re buying a new detached home or a condo, the purchase
agreement is the legally binding document that spells out what you’re
getting and the conditions of the sale. …
“Skip legal advice and you could end up with an electrical utility
box on your front lawn that you can’t do anything about, or no side door
on your garage, regardless of what the plans looked like,” he says.
“You could find yourself stuck with any manner of substitutions,
exclusions or inclusions that could detract from your home’s future
value.”
Mistake #4: They don’t bother with an inspection
During the home buying process there are two specific times when it’s
important to have your house inspected. The first is the pre-delivery
inspection, a mandatory walk-through for all new homes under warranty.
This inspection takes place with your builder shortly before you
officially take possession of your home. The second inspection should be
scheduled for about one month before your home warranty expires. In
Ontario the first and broadest portion of your warranty expires 12
months after your possession date, in B.C. it’s 24 months after
possession.
During the pre-delivery inspection, you probably don’t need to pay
for a professional inspector, but you might want to “take along a friend
who’s wise about construction,” says Silverman, “because if you don’t
write down the deficiency then the builder isn’t obligated to fix the
problem.”
However, hiring a professional home inspector to do a second
walkthrough before your warranty expires is a must. This will allow your
home to go through all four seasons, which is enough time for major
defects to start showing up, and you’ll still be able to get them fixed
under the first stage of the standard provincial warranty, which covers
against material and labour defects.
Mistake #5: They accept delays without a fight
Believe it or not, until quite recently, if your new house wasn’t
ready on time, it was your problem. “Builders were not required to
provide reasons or to limit their delays,” says Rumack. But that all
changed when Toronto condo buyer Keith Markey challenged a Tarion
decision five years ago.
“The law is now clear and critical dates are now included as part of
the purchase agreement and contract,” says Silverman. “If a builder
misses these critical dates and requires an extension, a buyer can
either agree, and seek compensation, or simply get out of the deal.”
Either way, Silverman suggests seeking legal advice whenever you’re
presented with a request to delay a critical date.
Mistake #6: They forget they are moving into a construction zone
Anyone considering a new condo or home purchase should take into
consideration the impact of ongoing developments. As one reader, who
bought into the first phase of a three-phase condo development, recalls:
“It’s noisy, everything is dusty and the air quality is just plain
horrible—not even the best furnace filter could catch this dust. Combine
that with the fact that the whole area is ugly for quite a long time
and that access points can open and close, depending on the phase, and
you have a recipe for long-term aggravation.”
Still, others, such as Jason Saxon, were mentally prepared for living
in a construction site, and actually found it kind of fun—at times
anyway. “You take the dust and dirt and noise with a grain of salt,” he
says. “And it’s actually nice watching the homes go up.” In fact, there
were only two days out of that first construction year when the Saxons
and their neighbours felt truly inconvenienced. “When the builders put
the final grading on our road no one could drive or park on our street,”
Jason recalls. “For many of our neighbours that meant a hike through
muddy and overgrown fields just to get home.”
Mistake #7: They think they have a warranty—but they don’t
Most buyers assume that all new-build lofts, condos and homes are
covered by a provincial warranty, but this isn’t the case. Only three
provinces—B.C., Quebec and Ontario—make warranty coverage mandatory. In
fact, those are the only provinces that require new home builders to
register with their respective provincial regulator at all.
“In Ontario, it’s illegal to build without being registered,” says
Janice Mandel, vice president of corporate affairs at Tarion. But in
other provinces, where the warranty program isn’t mandatory, builders
can simply opt-out of coverage. Often they’ll try to convince home
owners that they’re saving them the registration costs.
Buyers should be proactive and get their new home warranty in
writing, says Mandel. They should also go online to determine if their
builder is registered with a provincial regulator as a new home builder.
This is particularly important for loft or condo
conversions—residential units constructed inside an existing building
shell. In such situations, new-build warranties often don’t apply.
Mistake #8: They’re not speedy with their warranty claims
… The Saxons were able to get the problem fixed because they were
proactive and understood that there are strict time limits on making
claims. To ensure you understand how long you have, carefully read the
package you get during the pre-inspection, as there are different
deadlines for different types of warranty claims. “My advice: get a
calendar and mark down those deadlines, and then make sure you get the
claim in at least five days before the deadline,” says Peter
Balasubramanian, vice president of claims for Tarion.
Mistake #9: They’re ambushed by hidden closing costs
When you sign the purchase agreement for your new place, many of the
closing costs are estimates. These costs often escalate as you approach
your possession date, and both Rumack and Silverman have seen their fair
share of “absurd” adjustments tacked on to a buyer’s purchase contract.
For instance, you may find large charges that suddenly materialize for
hooking up gas and electricity meters, plus mortgage discharge fees,
development fees, deposit verification fees—Rumack has even seen a fee
for “public art contributions” to cover the cost of a sculpture by a
building’s entrance. “That’s why I pay close attention to the
adjustments and try and get a cap on certain items and remove others,”
Silverman says.
Mistake #10: They buy at the wrong time
If you’re buying a new condo or townhouse as an investment, the key
is to get in as early as possible. In order to get the financing to
start a new project, builders will often raise initial funding through
pre-sales. These pre-sales often kick off with invitation-only VIP
events, says Wynter. Usually, only high-volume realtors who specialize
in the type of building on offer are invited. “If you see a line-up at a
sales office, it’s often because a VIP event has been scheduled.” Once
the VIP event is over, the builder will open sales up to all interested
realtors, then finally they’ll open the project up to the public. “By
the time a builder throws a grand opening for the general public, often
50% of the units have already been sold and the price has gone up three
or four times,” explains Wynter.
http://www.moneysense.ca/spend/real-estate/the-top-10-mistakes-new-home-buyers-make/
