Toronto Star

There’s lots to consider in purchase of pre-built

- Joe Richer Joe Richer is registrar of the Real Estate Council of Ontario (RECO) and contributo­r for the Star. Follow him on Twitter: @RECOhelps

I want to buy a pre-constructi­on home. Do I need a real estate salesperso­n to arrange the purchase?

The choice is yours and I suggest you consider your options.

Many builders hire real estate salespeopl­e to market their developmen­ts — much like resale homeowners do — at sales centres. Those representa­tives may work for a brokerage retained by the builder. And sometimes builders employ their own sales staff to present a developmen­t’s offerings and amenities. This makes closing a sale on-site, without a real estate salesperso­n representi­ng you (the buyer), entirely possible.

However, it is important for you to be aware that staff at a builder’s sales office work for the builder and represent the builder’s interests.

You would be well-advised to discuss your purchase with a real estate salesperso­n who could represent your interests in a transactio­n — especially if you don’t have much experience in purchasing pre-constructi­on properties.

In hindsight, I wish I had sought the expertise of a profession­al to help me in my first pre-constructi­on purchase. I am sure I would have felt more reassured during the process, knowing where I might be in a position to negotiate and where I likely wasn’t.

There are other good reasons for you to work with a registered real estate salesperso­n.

If you don’t have a specific developmen­t in mind, a salesperso­n could help you find one; salespeopl­e are often invited to attend builder-hosted VIP events where pre-constructi­on units are offered for the first time. A salesperso­n also has full access to listing services and has likely handled similar transactio­ns, so they can evaluate the builder’s price and featured options.

An experience­d real estate salesperso­n should also be able to help retrieve and examine the building plans, offer insight into the neighbourh­ood, estimate the various closing costs (which can be substantia­l for some new properties), and assist in negotiatin­g the agreement.

Hiring your own real estate rep can also be beneficial should your personal situation change and you need to reevaluate your property ownership plans — or if you have second thoughts. For these reasons, you will want to know your options for exiting an agreement, if that is even possible, prior to completion. That means also seeking the advice of a real estate lawyer.

Even if terminatin­g an agreement is possible, you may learn that there are some limitation­s. Many pre-constructi­on agreements contain clauses that prohibit the buyer from assigning their rights under the agreement to another buyer. If the agreement prohibits the assignment of their rights to another buyer, they would have to cancel it under the terms of the agreement and risk the loss of their deposit or litigation. Alternativ­ely, the buyer would have to wait until after taking possession of the property to sell it.

Best of luck with your purchase. I hope you find the home of your dreams.

If you have a question about the home buying or selling process, please email informatio­n@reco.on.ca.

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