Home Buyers’ Bill of Rights
Published on 29 August 2022, 07:22:56 AM
Beleaguered home buyers’ bill of rights advocates are hoping relief arrives soon.
The bill, announced during the April 2022 Liberal budget, is still in development. With a roll out date pending, Canada Mortgage and Housing Corporation (CMHC) is charged with figuring out the details by 2024.
It’s fingers crossed until then.
Quick Read
What are the new rules for home buyers in Canada?
What are your rights as a home buyer?
What is blind bidding in real estate?
Can permanent residents buy property in Canada?
What is the foreign buyer legislation in Canada?
Proposed New Rules for Home Buyers
Tax-free withdrawals from first home savings accounts and an infusion of cash to build or repair affordable housing are on the table — along with a home buyers’ bill of rights.
House flipping could get harder and mortgage insurance rates for buyers with the least to put down are headed south. CMHC will reduce its fees by 25% for high ratio mortgages for those who can’t afford a 20% down payment, if and when the bill of rights is passed.
Can a seller cancel a purchase agreement in Ontario?
Changes to real estate law for Ontario home buyers would:
1. Give you a legal right to a home inspection.
Deal breakers like an uneven foundation or leaky roof can often be averted with a pre-purchase home inspection. Yet overheated housing markets cause many new home buyers to simply sign an agreement of purchase and sale and rush into a sale. Neglecting to add a home inspection clause to Ontario offers or being prodded to close too quickly can cost thousands in extra, potentially avoidable expenses. The proposed bill would make inspections a right, not afterthought.
Your home inspection goes wrong. What to do next.
2. End blind bidding.
Blind bids disadvantage buyers by forcing them to guess if the seller has competing quotes and for how much. Blind bidding is legal in Canada, but the new home buyers’ bill would ban the practice. Property rights are a provincial responsibility and realtors are outraged by the proposal. Whether it survives in a home buyers’ bill of rights remains to be seen.
Strategies for winning bidding wars.
3. Require mortgage deferrals.
Mortgage deferrals were common during COVID’s early days. New measures could require banks to defer mortgage payments if a homeowner loses their job or suffers other financial shocks. The new home buyers’ bill of rights would require banks to give you up to six months to defer your payments.
Deferring a mortgage when you lose your job.
4. Inform you of your options.
Mortgage lenders who are too passive will be expected to step it up under the bill of rights. Informing home buyers of all their options, including first home buyer incentives, is intended to prevent new and experienced buyers from being exploited. What to do when you’re worried about do you lose your deposit if financing falls through.
5. Be more transparent.
Realtors with a financial stake in a home purchase or sale will have to disclose their interest if the new home buyers’ bill of rights is passed. That, and listing recent home sale prices in land registry offices, could curb profiteering at buyers’ expense. Your real estate agent’s fiduciary duty, Ontario buyers and sellers.
New Foreign Buyers’ Legislation is Here
Not part of the home buyers’ bill of rights, but still significant, government has banned foreign buyers from purchasing Canadian homes until 2025. Offshore speculation has been driving prices higher. Blocking sales, plus slapping a foreign buyers’ tax on vacant urban land, could temporarily stall the uptick.
Permanent residents will be able to buy homes in Canada, as will some international students, temporary residents, and refugees. The ban took effect Jan. 1, 2023, but is not all encompassing. Talk to a real estate lawyer and read the nuances carefully before investing in commercial property, mortgages, or leases. See FAQS about the Prohibition on the Purchase of Residential Property by Non-Canadians.
Why You Need a Real Estate Lawyer
Firm offer real estate deals can put you in a legal bind. Your Axess Law real estate lawyer (Ontario) walks you away from offers to purchase that place you at a disadvantage to the seller.
Axess Law offers independent legal advice if a seller or realtor suggests sharing a lawyer or you are worried about a potential conflict of interest. Our flat rate legal fees keep your expenses down — and give you top notch legal services for less. Access lawyers near you.
Real estate deposit rules (Ontario 2021) protect you from dishonest private sellers or realtors who take advantage of your trust. Our licensed lawyers draft an amendment to agreements of purchase and sale to make it clear if a deal falls through, who keeps the deposit.
When the pressure is on to find an affordable mortgage and you’re wondering can a buyer delay closing, we can review the agreement of purchase and sale. Home inspection turned up problems? We ask the seller’s lawyer to repair minor issues or reduce the price. We may even help you walk away if major defects like a faulty foundation are found. Exercise your buyer’s right to cancel.
Adding names to house title in Ontario costs so little. Axess Law real estate lawyers handle all the fine print and mortgage discharge details too. All that’s left is for you to pick up the keys. How to transfer property title to family members in Ontario.
Affordable Real Estate Lawyers, Anywhere You Are
Access lawyers for less in Greater Toronto Area, Ottawa, or anywhere in Ontario when you buy, sell, or transfer property. Axess Law’s flat fee real estate lawyers are affordable, and our rates are all inclusive (excluding taxes, disbursements, and third-party charges). Axess Law offers you only the legal services you absolutely need. Your final invoice includes no surprises or hidden charges. Your itemized statement of adjustments is explained when we deliver it, and we answer any questions you have about it.
Find condo real estate lawyers in Ontario.
Hire a Real Estate Lawyer Greater Toronto Area or Ottawa
Axess Law has law offices in the Greater Toronto Area or Ottawa open 7 days a week. We close real estate transactions quickly and efficiently. Talk to us to make an appointment by dialing our 647-479-0118 lawyer line (toll free to 877-402-4207) or book online in minutes. We have onsite parking and easy transit access.
Work or home commitments keeping you from finding a real estate lawyer? Axess Law has a remote real estate lawyer anywhere you are. Your virtual real estate closing is confidential with our secure video conferencing software.
We can email or courier legal documents you need to complete a real estate sales transaction or you can drop by any office to sign.
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