Home Renovations: Should You Have a Contract?

Thinking of a renovation project? There is a lot to think about. One thing to consider is what type of agreement you require with the contractors.

For various reasons some people decide to have a “handshake agreement” as a basis to deal with a contractor. Others have Lawyers prepare comprehensive written contracts. There is no one size fits all approach. But here are a few things to keep in mind:

Handshake agreements are legally binding just as written contracts are. Once an agreement is in place each party has entitlements and obligations.
If called upon to do so a Court will determine what the parties to an agreement intended, through written documents, conduct or, if necessary, what is reasonable in the circumstances.
Written agreements can be amended.

Keep in mind what is important to you. For instance, if you need the work completed by a certain date you should have that stipulated in writing. The agreement should also stipulate the consequences for not completing the project on time. Written agreements provide certainty for both parties. They allow you to predict matters such as cost, the scope of what will be done and the manner in which the work is completed. As a general rule the more complicated the project, the more detail is required in the agreement. A properly organized written agreement is a good way to protect your interests and ensure you get what you bargained for.

Frequently Asked Questions

Should I waive my right to a home inspection?

‍We placed an offer on a house, which was accepted by the sellers. The agreement is conditional upon a satisfactory home inspection. The house was built only a few years ago and we are considering waiving our right to a home inspection. If we do, what rights do we have if we discover some deficiencies in the house after the closing date? Should I wave my right to a home inspection?

Buyer Beware

The law in Ontario is pretty clear: “let the buyer beware”. Unless there is a fraud, misrepresentation or mistake made by the seller, the buyer takes the existing property as he finds it. Therefore, most of the time the buyer can’t make a claim against the seller for any deficiencies discovered after closing. The general rule is that there is no obligation to disclose any defects that the seller is aware of. The only exceptions to this rule are serious hidden defects. Hidden defects are those that are not discoverable by a reasonable inspection. Further, such defects have to be serious enough to either affect the integrity of the house or render the house unfit for human habitation. Hidden defects are also those defects that the seller is trying to conceal.

Representations and Warranties

The sellers of residential real estate in Ontario are not obliged to provide any representations or warranties to the buyer.

The standard Agreement of Purchase and Sale for a resale home used by real estate agents does not contain any warranties in regards to the physical condition of real estate property, except for a very limited warranty related to ureaformeldahyde insulation. The buyer might try to negotiate warranties into the agreement of purchase and sale, however this is very rare.

Home Inspection

A proper home inspection performed by an experienced home inspector is the best way to protect you from any unpleasant surprises. While a home inspector might not be able to identify all defects, especially hidden ones, it is the only way to learn what you are buying and to make an informed decision about one of the most important purchases of your lifetime.

What is a condominium status certificate and why would you need one?

‍Status Certificate

‍Section 76 of the Ontario Condominium Act (the “Act”) provides for what is called a “Status Certificate”. Every condo purchase should be contingent upon review of the Status Certificate and a condominium corporation must provide a status certificate for a condominium unit upon request. The Status Certificate is used to learn all about the condominium corporation and provide the buyer with much of the documentation required for review. The Act sets out what must be contained in all Status Certificates, some of which includes:

Disclosure of all outstanding judgments against the corporation and the status of any legal proceedings to which the condominium corporation is a party;
A statement of any upcoming major repairs;
A statement of the common expenses for the unit and any default on the payment of those expenses;
A copy of the current budget of the corporation; and
A statement about the most recent reserve fund study and the amount in the reserve fund. (The reserve fund is used for performing major repairs of the common elements of the condo corporation.)

Rules

‍Attached to the Status Certificate are the rules and regulations of the condominium used for governing common elements such as hallways, lobbies and balconies. A real estate Lawyer can review these rules and explain them so that you understand what your rights and obligations are as condo owners.

‍Fee

‍Remember that according to the Act, the condo corporation may charge a prescribed fee for providing you with the Status Certificate

Should I co-own property?

We are buying our first home. The bank insists that we add my father as a co-owner of the home since in order to qualify for the mortgage amount that we need to include both incomes. The entire down payment is coming from our savings and we will be making all the mortgage payments. I really don’t want to include my father. What are your suggestions?

Guarantor of the mortgage v. being registered on title as owner

‍Adding a person that is not going to be living at the property as a co-owner is generally not recommended, unless you are buying an investment property. You should talk to your bank whether it would be sufficient to have your father as a guarantor on the mortgage, rather than a co-owner.

If the bank still insists on your father’s ownership, there are ways to structure the co-ownership in order to protect everyone’s interest and to minimize your father’s exposure to any tax related consequences of owning a second home.

‍Joint Tenancy and Tenancy in Common

‍There are two ways how two or more individuals can own a real property together. They can either own it as joint tenants or as tenants in common. The main difference between the two is that people who own a property as joint tenants have a right of survivorship, meaning that if either one of them dies, his or her ownership share passes automatically to the other surviving joint tenants. This is in contrast with tenancy in common, which does not have a right of survivorship, meaning that the share of the deceased tenant in common becomes part of such person’s estates. With tenancy in common you can also specify a size of a share that each co-owner owns. For example, your father can own 1% share of the home and you and your spouse remaining 99% share, with all of you owning the home as tenants in common, to make sure that your and your spouse’s share becomes part of your estate rather than transferring to your father in case something happens to both of you.