What Are Your Obligations When Selling Your House?

In general, there are limited obligations for the seller to disclose any problems with the property to interested buyers. Further, the sellers are not required to provide any warranties as to the condition of the property they are selling.

‍Let the 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. The general rule is that there is no obligation to disclose patent or visible defects. Exception to this rule are serious hidden defects or serious concealed defects.

Hidden defects are those that are not discoverable by a reasonable inspection. A proper home inspection is therefore crucial for anyone buying a resale home. Further, such defects have to be serious enough to either affect the integrity of the house, render the house unfit for human habitation or involve deliberate concealment.

‍Warranties and Representations

‍The sellers of residential real estate in Ontario are not obliged to provide any warranties and representations to the buyer. The only warranty included in the standard Agreement of Purchase and Sale is related to the ureaformaldehade insulation. However, the buyer might negotiate for other warranties to be included in the agreement of purchase and sale. For example a warranty that all appliances, heating and cooling systems would be in good working order on the day of closing.‍

Frequently Asked Questions

What is the Ontario land transfer tax?

I want to transfer my house to my son. Do we have to pay Land Transfer Tax on such a transfer?

‍As long as there is no consideration passing between you and your son, and the transfer is a gift to your son, there is no Land Transfer Tax payable.

‍What is Land Transfer Tax?

Land Transfer Tax is a tax levied by the Ontario government on every transfer of property, subject to some exemptions. The Land Transfer Tax is paid by a person acquiring the property at the time of a transfer. The amount of the Land Transfer Tax is based on consideration passing between a person disposing of property and a person acquiring it. Therefore virtually all purchases of real estate are subject to Land Transfer Tax.

Exemptions to Land Transfer Tax

The Land Transfer Tax is not payable when real estate property being transferred is a gift and there is no consideration passing between the parties. Assumption of an existing mortgage by person acquiring the property or giving a personal loan by person disposing of property to the person acquiring it is a form of consideration and therefore such a transfer would be subject to the Land Transfer Tax.

Transfer of property between married spouses pursuant to a separation agreement is also exempt from the Land Transfer Tax, regardless of the type and amount of consideration passing between the parties. There are some other exemptions under the Land Transfer Tax Act such as transfers involving trusts, transfers to a charity or transfers to a government organization.

First Time Home Buyer’s Rebate

First time home buyers may qualify for a Land Transfer Tax rebate of $2,000 if they have never owned a real estate property anywhere in the world. Further, a spouse of a first time home buyer cannot own any real estate at the time of purchase and must have disposed of previously owned property prior to becoming a spouse of a first time home buyer.

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

Why do you need a real estate lawyer?

A lot of people wrestle with the idea of whether they need a real estate Lawyer to handle small real estate transactions. They are unsure if they should hire a real estate law firm Kanata property buyers have hired to help them. The answer is always going to be yes when it comes to hiring a real estate Lawyer to navigate any type of real property transactions.

A good real estate Lawyer is on your side, that means they are looking out for your best interest and will ensure that your interests are protected. Real estate law firms specialize in real property law and deliver the support that you need.

When Do You Need to Consult With a Lawyer?

A lot of times buyers will just let the sellers’ Lawyer manage the real estate transaction, unfortunately, this can be a mistake. Whether you are buying or selling, you want to have your own real estate Lawyer on your side.

You want to be sure that you are getting the support that you need to make an informed decision about your real estate transactions and the only way to do that is by hiring an expert in real estate law. You need a real estate Lawyer when:

You are buying residential property, commercial property, or land
You are selling residential property, commercial property, or land
You are ready to sign a contract for the purchase or sale of property (before you sign)

Having the trusted advice of a real estate law firm Ottawa residents have gotten support from can ensure that you are making informed decisions about your transactions. The ideal time to hire a real estate Lawyer is before you sign the purchase contract.

Knowing exactly what you are agreeing to gives you the power to go into the situation with your eyes wide open. A Lawyer that specializes in real estate will review your contract, provide feedback, and help you negotiate the best deal.

Protect Yourself

It is important that you have an Lawyer on your side for any type of real estate transaction no matter how small or large. Protecting your interests should be a priority for you and an Lawyer can do that.

Get the legal support that you need to have the peace of mind that you want.

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