Questions to Ask at Open Houses

Open houses are a great way to pack a bunch of home visits in on a Sunday afternoon. It is like window shopping for houses. However, you should go with a list of questions to ask the listing broker if the home interests you. Here are some questions worth asking;

  1. Why are they moving? This tells you how motivated they are to sell.
  2. When do they want to move? Would they prefer an offer that gives them time to find another house or a quick occupancy? Often a vendor will accept a lesser price if the dates are perfect.
  3. Have there been offers on the home before? The broker can’t legally tell you the price of the other offers, but they can tell you if there has been any and if the offer died on building inspection, why.
  4. What was the original list price on the home? How long has it been on the market? Is this the first contract or was it listed with another broker before? These will help you know if the home is priced correctly, are the owners dreaming of an unrealistic price, have they finally woke up and are ready for reality?
  5. What are the heating costs? If the costs are high it could be a red flag for insulation issues, however everyone heats differently, they could have just turned the heat up for the open house!
  6. Are there any known issues with the home? Ask for a copy of the Seller’s Declaration – Mandatory document in Quebec, it states everything the owner knows about the property’s condition.
  7. How close are the parks and services? Location, location, location. I can not say it enough you can fix any house, but you can’t fix a location!

Be prepared to answer so questions too! The listing broker has an obligation to give their vendor feedback from the day! Think about it you are going into a stranger’s house walking around to see if you like it, its their personal space, they should be able to have some feed back from you. Also fill out the sign in sheet. If you are worried about the broker doing a hard sell, don’t give all your contact info but your name would be nice. If the house was yours that the broker was trying to sell wouldn’t you want him/her to do their job correctly?

Here is what most brokers will ask you – be prepared!

  1. Are you working with another broker exclusively? This is important for the broker to know, ethically brokers don’t like step on other brokers toes! Tell the broker when you walk in that you are working with Tania from Royal LePage, the broker will appreciate it. The broker will call your broker for feedback from the visit and leave you be!
  2. Are you from the area? This lets the broker know if they should give you some area information.
  3. When are you looking to buy for? This just helps the broker know where you are in your search and if you are more on a scouting visit or a serious ‘let’s find a house asap’.
  4. How do you feel about the house, compared to others you’ve seen, its price? This helps the broker give constructive feedback to the owner.
  5. Are you considering making an offer on this home? Ok sounds pushy but it’s the brokers job to sell the house! Again, if it were your house on the open house, would you was the broker to ask everyone! Law of averages says, ask enough and your bound to get one yes!

Brokers do open houses every Sunday, you will probably see the same broker in the weeks to come at another property. They know the area, they know the market, so use them for their knowledge. Don’t run into an open house and treat them like a vulture you must avoid! They are there to help!

**The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.**

Quebec Real Estate Practices – Different from the Other Province’s

Quebec has its own set of rules

When buying a house in Quebec, the first thing to know is: “You know nothing” (John Snow). Ok, yes, I watch Game of Thrones! Seriously, you don’t know much though! The rest of Canada follows Common Law whereas here in Quebec, we have our own rule book – The Civil Code. Very generally speaking (since I am not a lawyer), Common Law is case law and Civil Law is codified statutes.

On top of that, we have very tough Real Estate Laws and a fierce regulatory body call the OACIQ, which oversees all real estate brokers. The OACIQ – Organisme d’autoréglementation du courtage immobilier du Québec (loosely translated as the Self Governing Organization of Quebec Real Estate) has as its mission “to protect the public by overseeing the profession adequately and ensuring quality real estate and mortgage brokerage in Québec.” It’s better know by brokers as the real estate police!

Oh, and there are no real estate agents in Quebec – we are either Real Estate Brokers or Chartered Real Estate Brokers. While both are qualified to guide you through the process of buying or selling a property, Chartered Brokers (like myself) have taken extra legal and business courses so that we can manage a Real Estate Agency (not Office – Agency). However, a Real Estate Broker, Chartered or not, is not authorized nor qualified to give legal advice.

More important than the different names are the different laws and regulations. The OACIQ has created mandatory real estate procedures and forms for every situation, in order to protect both the buyer and the seller. Brokerage Contracts and Promises to Purchases (offers) are standard forms, so no party can write up their own version of an offer form. The Promises to Purchase are legally binding contracts that don’t require lawyers to be involved. When a Promise to Purchase is accepted and all the conditions are removed, the paperwork will be sent to a notary who acts for both parties – neutrally – to finalise the sale.

When you are in negotiations and setting deadlines for conditions, be aware that in Quebec, there is no such thing as ‘Business Days’ vs ‘Calendar Days’. In Quebec, days are just days! Sundays and holidays are just days like any other.

The Notary

Who gets to choose the notary? The notary is decided on in the negotiations in the Promise to Purchase, although it is usually the buyer who chooses. The notary does the title searches and reviews the documents to ensure all is in order, verifies that all taxes are up to date, organises the mortgage with the buyer’s bank and disburses the proceeds. Then, everybody gets to pay the notary! The buyer usually pays the most, on average $1000. The cost to the seller depends on the number of liens (legal mortgages/hypotecs) on the property. Generally, it’s under $500, but it depends on the notary.

Getting the non-mortgaged money to the notary is also important. Be aware that the funds must be in the notary’s trust account 48 hours before the signing of the deeds. This means free and clear in the account; surprisingly certified cheques are held by banks for days!  A bank transfer is usually the best way to get your money to the notary quickly and safely.

Occupancy Dates

In Ontario and other parts of Canada, when you sign and pay, you get the keys immediately – not in Quebec! Here you sign, pay, activate your insurance and then let the seller live in the house for another 2-4 days! The seller needs to wait two days for his proceeds to clear from the sale so that he can pay for his next house. Then he lets the other seller do the same thing, hence the 4 days. To compensate you while you wait the seller will continue to pay for the taxes until your occupancy date. Most out of province buyers are amazed by this delay but it all comes back to the registry office. The notary must register the new deed of sale at the registry office to make it official and the delay allows to notary to ensure there are no outstanding liens against the property. A lien registered against a house would make it impossible for the vendor to sell, so this delay decreases the chances of this happening. Don’t worry – in all my years as a real estate broker, I have never seen this happen. If it did, the notary would advise you of the steps to follow.

 The Welcome Tax

So, congratulations you bought a house! Did you notice there were no transfer duties or taxes paid at the notary’s office? That’s because in Quebec, we let you move in, start enjoying your new home and then send you a whopping “Welcome Tax” bill six weeks later!

It is a transfer tax but it is better known as the Welcome Tax, in reference to the Minister of Municipal Affairs who introduced it: Minister Bienvenue (or Mr. Welcome in English). The tax amount can be very high so make sure you are prepared for the bill as you only have 30 days to pay it.

The Welcome Tax is calculated in two steps:

The ins and outs of transfer duties are set out in An Act respecting duties on transfers of immovables (the “Act”).

The amount is always based on the higher of three amounts:

  1. The final sale price of the property (excluding GST PST if applicable)
  2. The municipal evaluation at the time of its transfer. Some cities even multiply the base number (sale price or evaluation) by 1.01 or even as high as 1.11 to create the final taxable amount.
  3. The amount of the consideration stipulated in the act of sale, if different from the price paid (e. in a Gifting situation)

Then the tax is calculated as follows:

0.5% on the first $50,000

1% on the amount from $50,000 to $250,000

1.5% on the amount from $250,000 to $500,000

2% on the amount over $500,000*

So, for example, a property with a tax base as 350,000 would be taxed

$250 on the first $50,000

$2000 on the next $200,000

And $1500 on the extra $100,000

Totaling $3750 to be paid within 30 days of receiving the bill. Welcome to Quebec!!

These are just a few of the more important aspects of Quebec Real Estate Law, your Real Estate Broker will keep you informed and ensure your transaction goes smoothly.

*For attached properties in the City of Montreal,

 a rate of 2.5% is applicable on the basis of imposition which exceeds one million dollars.

**The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.**

 

9 Traps to Avoid

Whatever angles are considered, the purchase of a house is a major investment in your life. For many buyers, it could be a process that will be more expensive than it should because many of them will get into it head first and will fall into traps such as:

  • Paying too much for the house they want;
  • Losing their dream house to the hands of another buyer;
  • And (this is the worst), buying a house that does not correspond to their needs.

Buying a house using a systematic approach will help you avoid falling into these frequent traps. Not only it will save you money but also you will buy the house that really meets your requirements. This rubric presents the 9 most common and expensive traps. It will inform you on how to identify them and how to avoid them.

Buying blindly

What price should you offer when filling an offer to purchase? Is the asking price too high or does it seem to be a good investment? If you did not do any research on the market to assess the value of similar houses, you will make an offer blindly. Not knowing the market conditions might lead you to offer too much or you might miss an opportunity to make a competitive offer on a house that is a really good deal.

Buying the wrong house

What are you looking for in a house? A simple question that might lead to a complex answer. Too often, buyers get excited and overwhelmed when buying a new property and become an owner of a new house that ends up being too big or too small. Maybe the travel distance to work is too long or more important repairs than expected are needed. Take the time to define your needs and your expectations. Write everything down and use this list to assess each house for sale you will visit.

Legal Problems

Make sure that you will obtain the irrefutable proof that the sellers own the house right from the beginning of the negotiation process. Make sure also that the house is not mortgaged and free of any other type of legal lien and that a title search will be performed. The last thing you need to discover is that there is a legal hypothec on the house or other type of priority lien, or you find out there are other owners in the picture or leases were already granted.

Non-compliant designation

In your offer to purchase, make sure you request a current certificate of location that describes accurately the limits of the property. If this document is not the exact reproduction of the actual reality, for example, if the expansion of the balcony or the addition of the pool is not there, this certificate will not be accepted by the bank. Be very clear and firm on these issues.

Repairs not mentioned

Don’t expect the seller will provide you with a comprehensive list of everything that needs to be verified or repaired. You as well as the seller expect to maximize the investment. Make sure you perform a thorough inspection of the house quite early in the process. Consider hiring an independent inspector who will examine the house objectively and ensure the purchase contract is conditional to the results of the inspection. The contract should include in detail all the elements of the house and all the required repairs.

Not being pre-qualified

A pre-qualified mortgage is fast and easy to get. And free. When you’re pre-approved for a mortgage, you take the stress away while you shop and you feel more secure knowing that you will be ready to move when you’ll find your dream house.

Contract defaults

If a seller does not comply strictly to the contract by neglecting to do repairs he/she promised to do, or by changing the nature of the contract in any way, this can lead to the postponement of the signature. Agree on a compensation amount ahead of time if, for example, the repairs are not completed as expected. Prepare a list of items both parties agreed on and follow up closely on each of the items.

Hidden Costs

Make sure you identified and found all the costs resulting from the sale – small or big – as early in the process as you can. When a transaction is concluded, sometimes unexpected fees suddenly “appear” after the total amount has been established: discharges, contributions, etc. Ask the seller to indicate in writing the total costs and charges for which you are responsible.

Rush the signature

During this step, it is crucial you take your time and insist on analyzing all the documents the day before the signature. Make sure the documents reflect your understanding of the transaction perfectly, that nothing was added or removed. Is the interest rate exact? Everything has been covered? If you rush through it, you might end up in a dead end at the last minute and with no solution at hand, you might compromise the transaction.