Before The House Is Truly Yours - First Steps After Your Bid Has Been Accepted
Even after your bid for the home you decided to buy has been accepted by the seller, there’s plenty left to do before you can rightfully move in. In the following article, an experienced realtor from Toronto will identify the most important steps of the process.
As soon as the owner has accepted your offer, you should meet with your attorney and talk about all the responsibilities under the contract. One of the important issues you should cover is the expenses you will be facing regarding the closing procedures, including Land Transfer Tax, disbursements and legal fees.
UTILITIES
It is also necessary to validate the absence of any arrears or outstanding charges, such as gas, water or hydro expenses. Your attorney does this by sending letters to the municipal or regional utility departments. Another purpose of these letters is to find out if the equipment on the property is rented or owned, and also to inform the utility departments about the scheduled closing date, the new owner’s name and the name of the seller’s attorney. In these letters, it is also important to demand information regarding the type of billing and if the billing is metered.
TAXES
A Tax Certificate is asked by your attorney to verify the amount of the current year’s taxes and to inquire as to arrears and outstanding charges for taxes for the current year and any previous years.
BUILDING & ZONING
The Building and Zoning Department will need to get involved as to the particulars of zoning by-laws and restrictions relating to the distance from the street and side and rear lines, type of construction, lot areas and building areas, lot frontage and depth requirements and permitted uses. Another letter is sent by your attorney to this department, along with a copy of the survey to reveal all this.
TITLE & EXECUTION SEARCH
The appropriate division of the Land Registry Office will initiate a Search of title to the property in order to find out whether or not the seller is the owner of the property and whether or not he has the legal right to convey the property. The search also reveals if the property is not a subject to any encumbrances, encroachments, easements, liens, agreements or mortgages that were not described in the Agreement or Purchase and Sale. Also an execution search is made in the appropriate Sheriff’s Office to make sure that there are no executions against the seller or prior owners of the property that would affect your title.
FINANCING
In the meantime, while your attorney is busy going through all the initial searches, you should arrange all the necessary financing details. Already before signing the Agreement of Purchase and Sale, you should have decided the amount of financing you will qualify for and the amount you will need to finish the business. There are a number of costs that you may not expect on the day of closing that relate to mortgage financing. Your attorney can advise you of these costs when the financial institution that you chose provides you with a Mortgage Commitment Letter.
BEFORE THE DAY OF CLOSING
You will also need a certified cheque to confirm the balance of closing funds to your attorney. Bring this with you when you come to sign all the documents needed a few days before the closing.
CLOSING DAY
Yours and the vendor’s lawyers will meet at the appropriate Land Registry Office at a time convenient to both of them. They should subsearch the title and complete the final execution searches. They will exchange documents, keys and cheques and your attorney will ensure all the necessary documents are registered. After the documents registration, the seller is entitled to get the funds and you can get the keys from your attorney.
AFTER CLOSING
After closing your attorney will write a reporting letter to you certifying your title and explaining all details of the transaction. When you move in to your new home check to see that all items in the Agreement of Purchase and Sale described as included in the purchase price are left on the property by the seller. Let your attorney know without any delay if you think something is absent.