Real Estate Lawyers Zurich, Ontario

Not always. Many sellers offer to pay the full real estate commission in Ontario to make their property more attractive to buyers. No commission is owed when you buy a ‘for sale by owner’ property. Otherwise, your buyer representation agreement specifies the commission owed when you buy a property. You can negotiate this amount with your real estate agent or their brokerage, but it’s typically 2.5% of the sales price.

When your agent writes an agreement of purchase and sale for a property you want to buy, they will confirm if the seller will pay the full commission, or cover any part of your share. Before you sign the offer to purchase, or the buyer representation agreement, read the fine print to confirm what commissions you are expected to pay. 

Here’s why. Commissions are separate from a property’s purchase price. If your budget is tight, a hefty commission can make the difference between the home you want and the one you can afford. Axess Law Zurich can review your agreement of purchase and sale for terms that increase your home buyer expenses.

Terms are whatever you and a buyer or seller agree to when you sign an agreement of purchase and sale, and they are legally binding. For instance, you might request the seller to include the washer and dryer. Or you could ask the seller to prove a shared fence is not over the neighbour’s property line. 

Terms can also be about actions and expectations, such as repairing a shaky stair railing before closing day, or reducing the price so you can make repairs. Axess Law Zurich can negotiate with the seller’s lawyer to include repairs in the agreement of purchase and sale after a home inspection is completed.

Conditions are actions the buyer and seller rely on to finalize the sale. Including a requirement for a professional home inspection or satisfactory mortgage financing makes an agreement of purchase and sale conditional. As buyer, you must waive or perform the conditions by the dates specified in the contract, or ask the seller’s consent to amend the agreement.

Ask Axess Law Zurich if you are uncertain about terms and conditions that affect your buyer or seller rights. 

You can, but you likely won’t need to. Landscaping, like trees, shrubs, or perennials, is treated as a fixture in an agreement of purchase and sale. You wouldn’t expect the seller to remove lights permanently wired into the ceiling of your new home. Similarly, inground plants are considered part of the property when you make an offer to purchase.

Removing wired ceiling fixtures alters your new home in the same way removing inground plants alters or may even damage the landscaping. It changes the property’s curb appeal, potentially making it less desirable for you.

A seller can specifically exclude landscaping they want to remove before you take possession. That must be stated in the agreement of purchase and sale. As a buyer, you can include landscaping in the contract by outlining your expectations for the home’s exterior appearance. Your contract is legally binding, and items included, excluded, or generally accepted to be part of the property must be intact on the day you move in. 

Taking photographs of the yard when you make your offer can be helpful. You can also arrange with your real estate agent to make a pre-closing visit to inspect the home and yard just before your real estate transaction concludes. If landscaping you expected to be included is missing or damaged, talk to your real estate agent about your options.

Cleaning or sanitizing a home you sell may seem like common courtesy. Unless you write it into the agreement of purchase and sale, it’s just that, a courtesy. Sellers are expected to leave their home in “broom swept” condition. Taking out garbage, emptying cupboards and closets, and sweeping or vacuuming floors are the extent of what sellers generally will do. 

Of course you expect personal possessions to be removed. It would be nice if the refrigerator was empty, let alone clean. However, sanitizing high touch surfaces to remove bacteria or germs is not required by public health orders, or the agreement of purchase and sale.

That doesn’t mean you can’t include it in the contract. If having rugs shampooed and the home professionally cleaned are priorities for you, write them into your offer. The seller may just take the cost off their price, or arrange cleaning services before you move in.  

Wildlife or pests the seller knew about when you signed the agreement of purchase and sale should be dealt with before you move in. The seller property information statement (SPIS) is meant to identify issues that could affect your home’s condition. 

Since a SPIS is not mandatory in Ontario, you may not find out about a pest until after you take vacant possession, and they have damaged drywall or electrical wiring. Our Zurich real estate lawyer recommends against making a firm offer without a home inspection condition because it places you at just such a risk. 

To ward off expensive fixes after you take possession, ask a professional home inspector to check for signs your potential new property has been invaded by vermin, wood beetles, or raccoons. While you can always go back to the seller’s real estate agent after possession to remedy deficiencies that were overlooked, that can be time consuming and frustrating.