fbpx

HOMEPORTAL

buyer

Questions asked by every CONDOMINIUM PURCHASER

Questions asked by every CONDOMINIUM PURCHASER Buying a brand-new condominium is a thrilling experience, and that’s putting it mildly. However, when you begin to feel more at home in your new surroundings, you may have some questions. Some of the more frequent examples are listed below. How might my situation be affected by interim occupancy? Before the entire development is registered with the local municipality, you may move in, but you won’t be the legal owner of the unit. The time between when you receive the keys to your new condo and when you assume title to the apartment is known as “interim occupation” (when you own your home) There will be a monthly charge paid to the builder during this time that will cover the interest accrued on the remaining debt, the estimated municipal taxes on the unit, and the estimated costs of maintaining the property. When the developer finishes the condo and the condo association is officially registered with the land registry, the interim possession period ends. During this time, you and the builder will decide upon a closing date, which is the day you will officially become the owner of the property. Who can file a claim for a warranty? Within the first 30 days of moving in, you are eligible to submit your first warranty claim for the one-, two-, or seven-year unit warranty that kicks in when you take possession. Everything from the unit’s walls and flooring to its cabinets and counters is covered by the guarantee, as long as it’s located inside the unit’s boundaries. You, the unit’s owner, must file all warranty claims with the building’s developer and Tarion. If you are a homeowner, you can fill out the warranty documents for your home and submit them to your builder and Tarion all at once using our online service, MyHome. We urge all new condo owners to sign up for MyHome as soon as they move in. When do I get to see the limits of my unit? A “unit” in a condominium complex is what a buyer acquires upon making such a purchase. Your builder should have issued you with a copy of the condominium project’s Declaration and Description, which will outline the boundaries of your unit. This will serve to define your group’s confines and its shared resources. When problems arise, whose responsibility is it to file a warranty claim, and what common components are involved? In a condominium complex, the unit owners collectively share the common elements. In most cases, the units themselves are not included but everything else on the property is. The recreation room, lobby, elevators, and parking garage are all staples. You may also have access to ‘exclusive common components,’ depending on the condo unit type you purchase. Things like a balcony that you use exclusively would fall under the purview of the common elements warranty but are not shared with other tenants. Since the condo corp is technically the “owner” of the project’s shared spaces, it is the only entity authorised to submit and manage warranty claims for these areas to the developer and warranty administrator, Tarion. When the condominium development is first recorded with the city, the warranty on the shared parts goes into effect

Questions asked by every CONDOMINIUM PURCHASER Read More »

The Legal Process of an Assignment Sale

The Legal Process of an Assignment Sale Using the assignment clause to buy or sell a pre-construction apartment requires competent legal advice. The services of a lawyer with experience in this field should be sought out. Three years ago, when Stefan bought his two-bedroom-plus-den condo, he worked with a real estate agent and a lawyer who specialised in pre-construction real estate to help him navigate the process, answer his questions, and make sense of the complex legalese contained in his Agreement of Purchase and Sale. Legally, you can sell a property before building has even begun through a process called an assignment, but it’s a bit more involved than a regular selling because there are now (the assignor original buyer, the developer, and the assignee new buyer). Stefan’s condo’s assignment sale clause was included in the Agreement of Purchase and Sale that he signed with the developer. Stefan is now permitted by law to sell the pre-construction contract for the unit to a third party, provided that the new buyer agrees to be bound by the terms and conditions of the Agreement of Purchase and Sale. Yes, the transaction is regarded to be valid if an assignment clause is included in the Agreement of Purchase and Sale and Stefan complies with the terms and conditions specified therein. Although assignment sales are permitted under the law, each pre-construction developer has their own set of rules and regulations that might make each assignment sale different. As the anticipated occupancy date for Stefan’s pre-construction condominium unit approaches, he is considering selling the contract for the apartment. He has decided to engage with the same real estate agent and lawyer to guide him through the assignment sale process and ensure that he complies with all applicable laws and developer regulations. Stefan will need to pay the developer for the assignment sale, which often takes the form of legal and administration fees in order to transfer the contract for the 2-bedroom plus den unit from his name to the new buyer’s name. The Assignment of Purchase and Selling will detail the total price of the pre-construction sale assignment.

The Legal Process of an Assignment Sale Read More »

Discover before building

Discover before building You’ve been looking for a new place to call home for what feels like forever, but nothing is quite right. Instead, you’ve made up your mind to commission the construction of your ideal house on land you already own. Even while well-meaning relatives and neighbours may offer to help by recommending builders, you should seek out expert guidance to safeguard your investment before any ground is broken. Consultation with an experienced real estate attorney who is conversant with contract homes is a smart choice to ensure that your rights are safeguarded in the contract you sign with the builder. Verify the builder’s credentials before hiring Whether the prospective builder you wish to hire is licenced should be your first step. Before constructing or selling a home, a contractor must first register with Tarion. That a builder has the resources and expertise to see the project through to completion and back it up with warranty coverage is just one of the requirements for registration. It is unlawful to construct without being registered with Tarion, thus if they are doing so, they have not been properly verified. Put your deal in writing You and the builder should have a binding agreement outlining the scope of work, the costs, and the timelines for both construction and payments. Having a written agreement might strengthen your position in the case of a disagreement. Tarion can help you out if your builder stops functioning on your house or if there is a serious disagreement during the building process. Tarion may award you compensation if you can prove that your builder did not provide the services promised in your contract. What happens if the cost of the construction exceeds the money you paid for it?

Discover before building Read More »

A Guide for interim occupancy

A GUIDE FOR INTERIM OCCUPANCY In some cases, pre-construction condo buyers will be allowed to move in to their finished unit before the rest of the building is ready. This is known as “interim occupancy,” and it is permitted until the city has determined that the building is secure for occupants. Condo buyers often misunderstand the distinction between temporary occupation and ownership. Occupancy does not automatically imply ownership. Although you may be able to move into your unit before construction is finished and the condominium is registered with the municipality, you will not get title to the unit until after these two steps have been completed. For more information on what to look out for while purchasing a condo in the pre-construction phase, please visit our site. Interim Occupancy Time The duration of a temporary tenancy may range from a few weeks to a whole year. How long you have to wait until you can move in permanently depends on how far along in construction you were when you gained possession of your property. When the local government finds that your dwelling is “fit for occupation,” it will issue a certificate of occupancy. Occupancy compliance with the Ontario Building Code does not equate to full completion. If the builder grants you interim occupancy, it will be because you have an occupancy permission. You are not required to occupy your unit during the interim period, but you may if you so desire. It is possible that the building’s common areas and other units will be undergoing renovations at the same time as your occupancy, so you should be prepared for some noise and inconvenience. As development continues, you’ll be able to stay in the building during this interim occupancy term until the condominium is officially registered. The interim occupation charge Whether or whether you live in the unit during the interim occupancy term, you will still have to pay a monthly fee to the builder. Interest on the remaining amount of the purchase price, predicted monthly municipal taxes for the unit, and projected common cost fees are all factored into this interim occupancy charge in accordance with the Condominium Act’s provisions. The interim occupancy fee is not a reduction in the ultimate condo purchase price but is due and payable only during the interim occupancy period. You can think of your interim occupancy fee as rent. Taking ownership of a condo Until the developer registers the condominium with the city, you do not have legal ownership of your unit. The condo owners form a corporation and select a board of directors to oversee the building’s operations. A portion of the land, including your own unit as well as the shared areas, is sold to you. Once you sign a mortgage, monthly maintenance agreement, and tax documents, you are no longer responsible for interim occupancy expenses. Common areas in your building now have a warrant.

A Guide for interim occupancy Read More »