Put the Pen Down!

What homebuyers and sellers need to know before signing on the dotted line

By: Mark Weisleder

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Paperback | 1 January 2010

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Buying or selling a home has always been a special moment for a family, yet it is also one of the most stressful ordeals that a family will go through. There are a multitude of choices available to first home buyers, such as new home versus resale; city, suburbs, or rural properties; detached house, condominium, or townhouse. What is right for your family? We have witnessed property values increase dramatically over the last several years and now we are looking at property stabilization or decrease in value as a result of the recent financial difficulties that began in the United States. It is thus even more important for both buyers and sellers, in today's uncertain economic times, to be properly prepared and make careful decisions when buying or selling their properties. It is not just about finding the right place to raise a family, it is also about making a wise investment that will rise in value over the years to the time when you are ready to move into a different neighbourhood, whether for reasons of schools, change in family situation, friends, or employment. Due to the fact that so much money will change hands in a relatively short period of time, and with all rights and obligations of sellers and buyers seemingly contrasted in a short two- to three-page agreement, it is also no coincidence that litigation of real estate agreements continues to rise.

Industry Reviews

“Put the Pen Down! What Homebuyers and Sellers Need to Know Before Signing On The Dotted Line will prepare you well for closing day, and the day after. The veteran real estate lawyer and instructor adapted two other books he wrote for real estate agents to suit the owners and buyers who pay for their services. He has packed in a wealth of information. Careful readers could be so well prepared they could take some agents to task.” — Toronto Star

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Non-Fiction Law Laws of Specific Jurisdictions Property Law Land & Real Estate Law Self-Help, Personal Development & Practical Advice Housing & Property for the Individual: Buying / Selling & Legal Aspects Accounting & Finance Finance Property & Real Estate Economics

Acknowledgements	p. xiii
Introduction	p. xv
It's Not Just Location, Location, Location	p. xv
Why I Wrote This Book	p. xvi
What You'll Find in This Book	p. xvii
How to Find the Right Realtor®	p. 1
Finding a Salesperson: Referrals and Research	p. 2
The Professional Team	p. 4
Agent Services	p. 6
Viewing Your Home and the Open House	p. 7
Home Staging	p. 7
Landscaping	p. 9
Pre-Staging Home Inspections	p. 10
Check Your Mortgage in Advance	p. 10
For Sale by Owner (FSBO) Programs - Are They Worth It?	p. 10
Can Lawyers Replace the Services of Real Estate Salespeople?	p. 14
The Three Agreement Forms	p. 15
“Working With a Realtor® ”	p. 15
The Listing Agreement	p. 19
The Buyer Representation Agreement	p. 41
Preparing to Sell or Buy a Home	p. 63
How Property Is Registered	p. 63
Property Line, Fences, Trees, and Overhanging Branches	p. 66
Establishing a Sale Price	p. 70
12 Questions to Ask Before Selling or Buying a Home	p. 70
Seller Disclosure Obligations	p. 72
Legal or Title Defects	p. 73
Physical Defects	p. 74
Patent Versus Latent Defects	p. 76
Psychological Defects and Stigmas	p. 82
Walking the Property	p. 85
Disclaimer Clauses - Are They Worth It?	p. 87
What to Do Before Buying a Home	p. 89
The Process	p. 92
Professional Advisers	p. 105
The Agreement of Purchase and Sale	p. 109
Changes to the Standard Form	p. 175
Conditions	p. 176
Questioning Conditions	p. 180
Waving Conditions	p. 183
Representations	p. 185
Warranties	p. 188
Need for an Up-To-Date Survey	p. 190
Multiple Offers	p. 193
The Internet and Scams to Watch Out For	p. 199
The Internet Broker	p. 200
Identity Theft	p. 205
No-Money-Down Real Estate Seminars	p. 208
Real Estate Fraud	p. 211
Buyer Tricks to Watch Out For in the Agreement of Purchase and Sale	p. 214
Property Flips and the Assignment Clause	p. 217
Who Is Your Buyer?	p. 218
Landlord and Tenant Rights	p. 221
First-Time Buyers Currently Renting an Apartment or House	p. 221
Be Careful Before Signing Any Residential Lease Renewal	p. 222
Selling a Home Occupied by Tenants	p. 222
Make a Deal	p. 225
Family Law Rights	p. 227
Married Spouses	p. 227
Common-Law Spouses	p. 227
Support Obligations	p. 228
Property Rights for Married Spouses	p. 228
Resale Condominiums and Other Co-Ownerships	p. 233
Creating a Condominium	p. 233
Declaration	p. 234
Description	p. 236
Making Changes to the Declaration and Description	p. 236
Pre-Sale of Units	p. 237
The Condominium Corporation	p. 238
Payment of the Common Expense Fee	p. 241
Can You Decorate Your Unit?	p. 241
The Status Certificate	p. 242
Buying a Resale Condominium Unit	p. 243
The Condominium Resale Agreement	p. 245
Special Provisions: Approval of Certificate Status	p. 295
Timeshare Agreements	p. 295
Co-Operative Agreements	p. 296
Co-Ownership Agreements	p. 299
Special Purchases: New Homes, New Condominiums, Buying from a Bank Under Power of Sale	p. 301
New Homes and Condominiums	p. 301
The Tarion Warranty Program	p. 302
Advantages of Using a Real Estate Salesperson	p. 303
The Fine Print	p. 305
The Pre-Delivery Inspection	p. 306
New Condominiums	p. 307
Buying From a Bank Under Power of Sale	p. 309
The Federal Privacy Act and Do Not Call Legislation	p. 315
The Privacy Act	p. 315
E-Mail Spam	p. 319
Ten Principles of Privacy	p. 320
Methods of Obtaining Your Consent	p. 324
Related Privacy Questions	p. 329
Canada's Do Not Call List	p. 330
Maintaining an Internal List	p. 331
How Do You Register Your Number on the Do Not Call List?	p. 332
How Do Telemarketers Access the Do Not Call Registry?	p. 332
How Does a Consumer Complain?	p. 332
New Telephone Contact Rules	p. 333
Legal Proceedings: Are They Worth the Trouble?	p. 335
The Legal Process	p. 336
Steps Involved in a Legal Process	p. 340
Insurance Issues	p. 341
Settle!	p. 342
Use Small Claims Court	p. 342
Conclusion: Forewarned is Forearmed: The Fourteen Steps of Success	p. 343
Appendix: Special Clauses to Consider	p. 345
Index	p. 357
Table of Contents provided by Ingram. All Rights Reserved.

Put the Pen Down!

What homebuyers and sellers need to know before signing on the dotted line

Industry Reviews

Shipping

How to return your order

Defective items

You Can Find This Book In

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