Tuesday, August 23, 2022

What Are The Elements That Should Not Be Overlooked In A Real Estate Transaction?

No matter if your chosen property is new or used, inspection is a must. The seller is required to provide the buyer with a declaration of the property's condition. The declaration must describe the property and its status, including any situations that could be a potential risk to the buyer. It should include information about major repairs or renovations made in the last 10 years, problems affecting the use of the property, and any environmental issues. The seller is not allowed to lie about these things. 


When the buyer has decided to buy a property, he or she should ask for an inspection report from a third party inspector or engineer who will assess whether there are any issues. If an issue is found, it will be noted in this report. This way, it will be clear to both parties if there are any problems with the property before they sign on the dotted line. 



In some cases where there are issues with a property, they can be fixed before closing day. However, if they cannot be fixed before closing day or within 30 days after, this matter must be brought to court so that an order can be made for how much time each party needs to remedy the situation. This order may include compensation for costs related to delay in closing or moving into the home (for example: interest on money advanced by one party for another)


How does law help in real estate transactions? 


The law provides for legal remedies if either party does not fulfil agreements made in a real estate transaction. The law also provides for penalties or fines and imprisonment if those remedies are ignored. For example: 


  • If a buyer does not pay the full purchase price to the seller by the closing date, then the seller may be able to cancel the contract. In this case, the buyer will lose his or her deposit and any other money paid to the seller (for example: interest on money advanced by one party for another).


  • If a buyer does not close on time because of something that was done by the vendor (seller), then this is called "vendor's delay." In this case, a court may order that:


••If closing day was missed because of something that was done by the vendor, then closing day must be moved back so that it will take place at least 15 days after it would have taken place originally. 


•• If closing day was missed because of something that was done by someone else (for example: a bank or lawyer), then any compensation for loss suffered should be paid to both parties.



  • If an offer is made to buy property and there is no written agreement or if there is a written agreement but it does not contain all of the required information, then anyone affected by this kind of agreement may apply to court for an order cancelling it.


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