Buying a New Home - Protect Your Interests

Real estate and contract law can be complicated. Before signing any documents, get legal advice. This is true even if you are working with a licensed real estate salesperson. Legal advice is especially important if you do not have your own real estate salesperson, if you are buying a newly constructed home, or if any unusual conditions or creative financing are involved.

Once an offer is signed by you and the seller, a legally binding contract is created. If you wish to submit an offer at a time when your lawyer is not available to review the contract, your real estate salesperson may be able to help you insert a clause making the contract subject to you obtaining legal advice.

We offer a free initial consultation, so take that opportunity to discuss your housing needs and expectations and to ask questions about transaction costs and mortgage options. We may also be able to refer you to a good home inspector or mortgage lender.

Involving us right from the beginning will ensure that your interests are represented throughout the transaction. We will ensure that you consider all aspects of the purchase and are familiar with the steps involved from signing the purchase agreement to taking possession of the property.

Our Role
We can help you verify information received from the seller or the seller's agent and ensure that your expectations and the seller's promises are included in the contract. We ensure that the property title is transferred to you and that any liens or charges against the seller won't affect you.

New Homes
Buying a brand new home can have extra complications. Unlike resale home purchase contracts, which real estate salespersons typically prepare using standard forms, builders often prepare their own contracts for you to sign. Some contracts may impose unusual costs or obligations on the buyer, while providing the builder with maximum flexibility. You do not have to sign what you are given, as there is more flexibility in the buying process than you might think. For example, we can add, delete or modify clauses, or even prepare your own offer to present to the builder.

We make sure that you are protected from builders liens and that you have a legal right to any marketing perks that have been offered by a developer, such as an extra parking stall, storage locker, or payment of maintenance fees.

Choosing a Lawyer
You should choose a lawyer with experience in real estate and contract law, one who has worked on behalf of new home purchasers and with whom you feel comfortable. You should not hesitate to ask how much the lawyer's services will cost.