1) Make sure you will have mortgage financing. Before you begin looking for your home, find out if you'll be approved for a mortgage. Shop around with the different mortgage lenders for interest rates and once you know that you will be approved for a mortgage, you can go forward and look for your house or condominium. If you do not have at least 20% down-payment for your purchase, your mortgage will be subject to CMHC fees – please click here for a CMHC calculator. CMHC fees are fees that are added to your mortgage and are blended into your mortgage payments for repayment. The fees are added on to the mortgage to insure the mortgage since the property is considered a high-leveraged property due to the fact that it has less than 80% equity.
2) You've either already signed an Agreement of Purchase and Sale or you are going to sign one. If you haven't already signed one, your real estate agent should make it "Conditional Upon Lawyer's Review." Retain a Real Estate Lawyer to review your Agreement of Purchase and Sale and advise of any amendments or revisions that s/he believes should be put into the Agreement of Purchase and Sale. Some typical clauses that are included in the Agreement of Purchase and Sale are that the purchase is "Conditional upon Home Inspection" and/or "Conditional upon Financing". If your Agreement of Purchase and Sale is not Conditional Upon Lawyer's Review, you should still have a Real Estate Lawyer review it, albeit after the fact, to advise you of any problems that the Real Estate Lawyer believes may occur.
3) Call a Real Estate Lawyer and retain his or her services. Once you've spoken with your Real Estate Lawyer about your impending purchase and retaining his/her services, have your real estate agent fax a copy of the Agreement of Purchase and Sale to the lawyer's office.
My services include, but are not limited to:
- Advising on the Agreement of Purchase and Sale;
- Searching title against the property to ensure that you are buying it free and clear;
- Searching executions against the Seller to ensure that the property can be sold with no creditors demanding monies from the sale of the property;
- Acting for the institutional mortgage lender as well as the purchaser in facilitating the mortgage financing (if applicable);
- Facilitating a title insurance policy, if desired; and
- Drafting the legal documents that are necessary for the purchase.
I shall require the following:
- The birthdates of all Purchasers prior to our meeting.
- Your mortgage lender(s) to remit mortgage instructions to my office prior to our meeting and as soon as possible.
- A copy of your home insurance policy for the property showing that the mortgage lender is the First Loss Payee or the Loss Insured prior to our meeting. Simply advise your home insurance provider to fax my office the home insurance certificate/binder confirming your mortgage lender’s information is on your policy. (Note that if you are buying your condominium, an insurance policy is not necessary with respect to the mortgage lender, unless otherwise advised.)
- A certified cheque or bank draft payable to Jerome Goldshlager, In Trust, to be brought to our meeting. The amount to be determined shall be based on the purchase price, land transfer tax, legal fees and disbursements as well as the mortgage(s).
- 3 of the following 4 pieces of identification: Drivers License, Passport, SIN and/or Birth Certificate to be brought to our meeting.