Building a new home can be one of the most significant transactions in your lifetime. Being able to see your dream through to construction is the goal of many couples and can be an exciting and romantic time.
In dreaming of how you will decorate and where you will put your furniture, you should never forget that building your home in Ontario is also legal transaction involving real estate law, construction law and contract law. Because of their size, real estate deals can be the cause of severe financial hardship or loss and may lead to litigation in order to resolve the issues in dispute.
When contracting with a builder, it is necessary to be sure that all aspects of your agreement are covered in the contract. Without a clear contract, you risk of having disputes, confusion about your expectations or misunderstandings. Putting everything down on paper helps both parties to understand what work is to be done, how much it will cost and when it will be completed. It is always advisable to have a lawyer review the paperwork, especially when the contract is for a large sum of money. If there are any changes by either party to the agreement, detailing the changes in writing will make sure that, if there any disputes about the agreement, you will have the documentation to prove it.
In cases where work has not been completed to expectation, faulty work has resulted in the homeowner incurring repair costs, or disputes over lot size, location or availability, you may need the assistance of a civil litigation lawyer to help you find a satisfactory resolution.
Questions Worth Asking the Builder
There is a certain amount of due diligence to do on your part to ensure that the process goes smoothly. According to the Canadian Home Builders’ Association, shopping around to find the right builder is an extremely important step to take.
Consider asking the following questions to your prospective home builder:
- Is the company or builder you plan to hire a member of the local Home Builders Association? Only the most professional and reputable builders are granted a membership.
- Does the builder belong to the Ontario New Home Warranty Program?
- For how long has the builder been in business?
- How many homes does the company build each year?
- Are there any previous builds you can look at to determine quality of the home several years later?
- Do they currently have any homes under construction?
- Are they willing to provide names of past customers that you can use a reference?
- Does the builder stand behind their product and offer some sort of follow-up system?
- Are they willing to provide a detailed warrantee that you can review?
Sometimes, what seems like the ideal situation can go wrong and you may require the services of a real estate or civil litigation lawyer. If you find yourself dealing with the fall-out of a difficult situation when building your new home, or any other real estate transaction, you can contact our lawyers to find out what your rights are, how to get help, and all of the options available to you.
Ferguson Barristers has a team of referral lawyers that can help with your legal concerns when dealing with real estate issues. We operate in numerous smaller communities to ensure you get the quality legal services you deserve. Those areas include:
- Burk’s Falls
- Honey Harbour
- New Liskeard
- North Bay
- Sturgeon Falls
- Wasaga Beach