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Shots across the
bow
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Thoughts about real estate from the buyer's point of view A monthly newsletter sent out to previous and present clients as well as a selected list of different businesses in the Niagara Peninsula |
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February 2006
Back when ....
At one time -- and admittedly it was several hundred years ago -- buying real estate was an extremely simple affair. You went out -- probably on foot -- to a parcel of land you were interested in. You met the owner there and gave him a bag of gold. He then snapped a twig off one of his trees and handed it to you. And that was it. The tree itself and everything that went with it were now yours. But then came the lawyers and they thought that some written records were advisable. In time, these led to legal descriptions and precise locations that incorporated -- heaven help the layman! -- such things as metes and bounds. To make matters worse, though, the lawyers were followed by real estate agents who started to introduce paperwork of their own. The effect was to progessively add to the form filling and need for signatures, particularly in terms of clauses that could be considered necessary. These are still being introduced, modified, and reworded, with little sign that they'll reduce in number or import -- although, if truth be told, nowadays this isn't always because the ideas behind them lie with the agents themselves. Rather, to compound things still further, governments at all three levels (municipal, provincial, and federal) began to get into the act. The consequences were rules, regulations, permissions, doublechecks, what-ifs, wherefores, and a host of political correctnesses and niceties, all of them with no apparent chance of being removed from the Statute Books any time soon. Ah, for the good (very) old days, eh? But wait a minute .... Not all that long ago, a new set of players came onto the scene: the Title Insurance companies -- and this manages to both complicate and simplify things another notch or two, although it's something you can expect your lawyer to discuss with you and help you decide upon or not. The concept can be seen as something of an adjunct to the Buyer Agency idea. It, too, was born in the USA but came across the 49th parallel only in the 1990s (much like the thought of representing buyers [as well as or, more exactly, instead of sellers] managed to do). There's no doubt, though, that its focus is on the buyer, and its effect is to overcome surprises that can arrive not only before a sale closes but also when they turn up after the fact. Needless to say, because we're talking insurance, there's no lack of fine print involved. Nevertheless, the principles are clear enough and they can be more or less summarized as follows. • You are protected against the possibility of any last minute hitch that could delay closing.I should, needless to say, emphasize that we're talking title defects, not structural faults, mechanical failures, or the like. The single focus is on items and events that could lose -- and/or delay -- your right to own the house. But don't think they don't -- or might not -- happen. Almost any real estate lawyer is able to recount a horror story or two in this regard. Money well spent Also somewhat on the lines of the Buyer Agency idea, there isn't really any cost involved in making title insurance part of the closing process. There's a one-time premium, payable at the time, that largely negates the need to pay a series of search and filing fees. In most cases, the net effect is, as it were, that you pay for a policy instead of a lot of disbursements. Title insurance isn't, in fact, mandatory, but lawyers are now required to raise the idea with you. Moreover, they can help you participate in a TitlePLUS policy, which is available through the Law Society. There are also one or two private insurance companies, most of whom have existed for some long time in the USA -- and, of these, First Canadian Title is, without doubt, the major player in the Canadian market. Detailed information on the web regarding the topic is a little sparse, at least as far as a potential purchaser's curiosity is concerned. However, one of First Canadian's pages aimed at the legal profession provides a good snapshot of the available coverage. In addition, it's perhaps interesting that you can add title insurance to any home that you presently own, as another of First Canadian's pages explains. If nothing else, the unfortunate increase in mortgage fraud adds to the argument for seriously considering this latest addition to the process of buying -- and especially financing -- a home nowadays. And, ahem, let me assure you that no one is paying me to say all this! Exceptions to the rule I may appear to be making like a lawyer here, but this is unquestionably not the case. Rather I'm merely urging you to take note of what your lawyer suggests when the time comes to discuss and finalize the closing. Indeed, I've long since maintained that members of the legal profession are worth every red cent home buyers pay them -- as witness one of my earliest newsletters. Nevertheless, you may well be advised that not every purchase calls for title insurance. Many condo apartment and townhouse complexes are governed by a Management Committee. Most new home buyers are protected by the rules and regulations imposed upon the building industry. And, although title insurance can be extended to a variety of commercial properties, not all of them have the need of it. In any case, do what your lawyer tells you, says I. And he/she isn't paying me to say this, either!! With my customary warmest regards to everyone.
Duncan Pollock, Real Estate Broker,427 Gate Street, Niagara-on-the-Lake, Ontario, Canada L0S 1J0 Tel: 905-468-3154 Fax: 905-468-3812 Cellular: 905-704-9037 email: duncanpollock@sympatico.ca Note: e-mail address changed as above on November 3 2007 website: http://www.duncanpollock.com PS. One of my web pages provides a list of the other newsletters I've sent out. If you choose to go to it, you can click on any title to bring up its full text. PPS. I've recently been invited and encouraged to create a second website, one that deals with my approach to the industrial, commercial, and investment real estate market. You can reach it, if you're so inclined, at http://www.iciniagara.com. |
This is an online copy of my February 2006 newsletter -- and you can find a list of the other ones I've sent out by clicking here. If you aren't already included in my mailing list, you are most welcome to add your name to it so you can receive a similar "Shot Across the Bow" each month. There's nothing hard sell involved, I can assure you. Rather, the idea is to share my thoughts with you about how I believe buyers can be better served by the real estate industry. Thank you. |
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