Stuck without legal advice, Adam got in touch with his mortgage manager, who recommended he retain the bank's attorney. Finally, six weeks- and a thousand bucks- later, Adam had new financing in place and all of the legal information associated with his house was accurate. "I'm lucky that I was just trying to refinance my house," he says. "If I'd been trying to sell it and all of these issues surfaced then, it could have cost me a sale and thousands of dollars." His advice? Don't rely strictly on referrals from friends. "Just because a guy's a lawyer doesn't mean he's a good one. Remember that D student in law school? He's practising like anyone else." And go for title insurance, which protects homebuyers against losses arising from problems regarding the title of their properties. Adam skipped it on the advice of his original lawyer.
Find the right lawyer It's important to choose a lawyer who focuses on real estate, says Toronto-based lawyer Brian Taran. You're more likely to get proper service if you deal with a lawyer who specializes in real estate rather than one who's trying to make a few extra bucks on the side and who doesn't deal in this area on a regular basis.
Don't be shy about asking for references. A lawyer's running a business like any other professional and he should be prepared to discuss fees and provide references. And get in touch with the law society in your province to find out about any previous disciplinary decisions against him.
* Name has been changed.
More dos and don'ts
For the buyer
Mum's the word Keep a poker face and stay quiet when you're looking at a home and the sellers, or their agent, are there. Negative comments will just insult the sellers, and showing excitement won't help your case when it comes time to put in an offer.
Don't sweat the wall stuff Try not to be discouraged by a bit of peeling paint, cracks or holes. Damage that isn't structural is easily fixed and makes a huge difference.
Budget for extras Normally, realtors advise you to budget up to two per cent for closing costs, but when you buy property in a new development, you may be charged additional fees such as meter installation and sewer service connection. These can add unexpected costs.
For the seller
Make sure the price is right Sellers tend to overestimate what their houses are worth. Just because the house down the block sold for a bundle doesn't mean yours will, too. Do your research, then consult up to three realtors. If you're not satisfied with the realtors' advice, move on to a professional appraiser.
Close the zoo Not everyone viewing your house will love your dog, cat or ferret as much as you do. And pets can be a distraction. Take them out of your home, if possible, when buyers come by, especially during an open house.
Bake sale Leave out a few "hospitality treats," such as coffee and cinnamon buns, for prospective buyers. Even if they don't eat them, the scent of fresh-baked goodies wafting through the house can make your house feel cosy and inviting, leaving a lasting impression.
First published in Chatelaine's October 2005 issue.
© Rogers Publishing Ltd.




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