January 2016

A buyer who fails to close on a purchase may be risking more than just the deposit - you could be looking at damages, says lawyer Richard Bell

Q: What happens to my deposit if I cannot close my purchase?

A: Whenever a buyer makes an offer for the purchase of real estate the contract provides for a deposit. The deposit is normally around 5 per cent of the purchase price and in most instances is payable within a day or two of removal of any subjects. The standard subjects are subject to financing and inspection. Where the property is strata titled there will also be subjects for satisfactory review of such items as strata minutes, engineer’s reports and depreciation reports.

The reason for a deposit is to secure the buyer’s commitment to purchase

Submitting a low offer is one thing, but getting the offer accepted is another thing altogether.

Vancouver agent Barry Magee explains the factors

A common topic among real estate buyers is whether or not they should offer a price that is much lower than the listed price. It's an interesting concept, but one that is not without its pitfalls. Submitting an offer is one thing, but getting the offer accepted is another thing altogether. Let's take a look at the different factors to consider:

1) Be Certain You Fully Understand Market Conditions

In a market like Vancouver and the Lower Mainland we are often faced with an inevitable reality – people really like living here. Sellers are more than aware of this, and are primed to take full advantage.

Most purchase and sale agreements come in standard formats, with standard clauses, and are drafted by the builder or real estate board. There are generally spaces throughout the agreement for additional, customized clauses to be added.

It is recommended to have a lawyer review your offer to purchase before you sign it. Regrettably, relatively few people do this, because they either don’t realize they should, perceive it to be an unnecessary or costly legal expense, or could cause delay that could cause a purchase to be lost to someone else, or otherwise kill the deal.

Alternatively, rather than seeing a lawyer before submitting an offer to purchase, some people may wish to insert a condition that states the offer is subject to approval as to form

You’ve had this feeling before. You’re not totally sure how things are supposed to happen. A million questions are bubbling on your lips. You know your goal, but you need some guidance on how to get from start to finish.

Only this time, you aren’t a first-time buyer. You are on the other end of the equation: you are a first time seller.

Here’s what you need to know.

1. Do I really need an agent to sell my home?
2. How do I pick a real estate agent?
3. How does the listing contract work?
4. What do I have to disclose?
5. What do I need to do to get my home ready for sale?
6. How does the offer process work?      
7. Once I have a firm sale, what are the next steps?
8. What are the final costs of selling?

Lets look at the answers....