New home construction economic clause

February 20, 2008 · Filed Under New Home Construction and St. John's Real Estate · Comment 

There has been quite a debate around the “real estate water cooler” in recent weeks.  Towards the end of 2007  some local builders and subdivisions in St. John’s implemented a new “Economic Clause” to their contracts.  Buyers have been noted to shy away from certain subdivisions and proceed to others that do not insert this clause.  The debate is over whether this clause protects the buyer or the builder.   Does it protect the buyer from an increase in purchase price of the house?  Does it allow the builder the option to raise the price of the house prior to starting construction?

The clause states:

“This Agreement of Purchase and Sale is subject to the Vendor confirming to the Purchaser or the Purchaser’s Agent in writing the final sale price on or before the expiry of 14 days prior to excavation of the dwelling. If no written confirmation of the final sale price is issued by the Vendor on or before the expiry of 14 days prior to excavation of the dwelling the Purchase Price referenced herein before shall be deemed to be the final sale price. If written notification of an increase in the final sale price is issued with which the Purchaser is not satisfied then this Agreement of Purchase and Sale shall be void and of no effect. Upon receipt of the written notice of the increased final sale price from the Vendor the Purchaser must acknowledge in writing within 72 hours their agreement with the increase in price, and failure to do so renders this Agreement of Purchase and Sale void and of no effect with the Vendor returning the Purchasers Deposit or down payment.”

What are your thoughts on this clause? Are you in favor of the builder being protected or the buyer?

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10 mistakes buyers make when purchasing a home

January 2, 2008 · Filed Under First Time Buyers and St. John's Real Estate · Comment 

1) Making an offer on a home without being pre-approved.

Being pre-approved will make your life easier so take the time to speak with a Mortgage Specialist. They will help you determine a price range you can afford and lock in a mortgage rate for a set period of time.

2) Not having a Home Inspection.

Trying to save money today can end up costing you tomorrow. A qualified home inspector will detect issues that buyers can overlook.

3) Limiting your search to open houses, ads or the internet.

Many homes listed on the website have already been sold. Your best course of action is to contact a Realtor. Call or Email Fraser & Stephen Winters. We have up-to-date information that is unavailable to the general public. The best resource to help you find the home you want.

4) Choosing a Real Estate Agent who is not committed to forming a strong business relationship with you.

Making a connection with the right Realtor is crucial. Choose a professional who is dedicated to serving your needs - before, during and after the sale.

5) Thinking there is only one perfect house out there.

Buying a home is a process of elimination, not selection. New properties arrive on the market daily, so be open to all possibilities. Ask your Realtor for a comparative market analysis. This compares similar homes that have recently sold, or are still for sale.

6) Not considering long-term needs.

It is important to think ahead. Will the home suit your needs 3-5 years from now?

7) Not examining insurance issues.

Purchase adequate insurance. Advice from an insurance agent can provide you with answers to any concerns you may have.

8] Not buying Title Insurance.
Title insurance is unlike any other kind of insurance. It is not house insurance which only protects the contents of your home or its structure and for which you have to pay a monthly or annual premium. Unlike house insurance, you only pay a one-time premium with no deductible.
Title insurance is distinctive in that it protects your ownership or title against losses incurred as a result of undetected or unknown title defects, for as long as you own your home. Even if you are the rightful owner of your home, there are instances such as real estate title fraud, when your title can come into question.

9) Not knowing total costs involved.

Early in the buying process, ask your Realtor or lender for an estimate of closing costs. Survey costs, home inspection costs, possible title insurance, possible CMHC fees and attorney fees should be considered. Remember to examine your settlement statement prior to closing.

10) Not following through on due diligence.

Buyers should make a list of any concerns they have relating to issues such as: crime rates, schools, power lines, neighbors, environmental conditions, etc. Ask the important questions before you make an offer on a home. Be diligent so that you can have confidence in your purchase.

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