Here they are:

Is there a buyer’s remorse period in Ontario?

If you are buying a new condominium from a builder, you have 10 days to change your mind. You do not need a reason. This does not apply if you buy a new house from a builder and does not apply if you are buying a resale home or condominium. Why condos only? The clause is included in the Condominium Act.

Can a buyer sign an offer and then walk away?

The Ontario real estate contract gives a buyer 24 hours to pay the deposit, once the offer is accepted by the seller. The buyer cannot just change their mind or they can be sued.

For example, the buyer offers $300,000 for a house which is accepted. The buyer changes his mind and doesn’t pay the deposit and walks away from the deal. The seller resells the property for $275,000. They can still sue the first buyer for the difference, or $25,000.

Can buyers use conditional clauses as escape hatches?

Most real estate contracts are conditional on the buyer being able to get a mortgage and being satisfied with a home inspection. Other conditions include being satisfied with a condominium status certificate when buying a resale condo.

Many buyers think these conditions give them the right to just change their minds. It is not that easy. The case law has demonstrated that buyers must try and satisfy any condition in good faith. This means that you need a legitimate reason why you found the home inspection report or condominium status certificate unsatisfactory.

Who gets the deposit when buyers change their mind?

In most cases, the deposit is held by the seller’s real estate brokerage, in trust. Under the law, when a deal breaks down, the brokerage cannot pay the deposit to anyone without either a mutual release or direction signed by both the buyer and the seller, or an order of the court. As such, when deals do not close, if there is no agreement, the deposit can be locked up for a long time, and the buyer will not have access to it to make an offer on another property.

Is there a “legal” way for a buyer to get out of a deal?

It depends. If for example, there was a right on your title for the City to access 20 per cent of your property for any reason, known as an easement, and that was not disclosed to the buyer, they can usually cancel the agreement without penalty. However, there have been other cases that indicate if there is a problem with a city work order or title problem for which the seller can obtain title insurance to protect the buyer, then the buyer cannot refuse to close. A buyer can also cancel if there has been substantial damage to the property before closing, such as a flood that was not repaired. You can’t refuse to close if the oven is not working.

The better answer in all of these situations is to be very careful and serious before you make any decision to buy a home. Changing your mind later can be very expensive.

More Mark Weisleder columns

Mark Weisleder is a Toronto real estate lawyer. Contact him at mark@markweisleder.com

{Source}

1 Elevate the everyday – invest in a set of handmade cereal bowls.

2 Granny Smith apples – a stylist’s secret weapon – are a pretty countertop accent and a healthy snack all in one.

3 When was the last time your toaster made toast the way you like it? If you can’t remember, it’s time for a new one.

4 Use a bench with storage as a kitchen banquette.

5 Treat yourself to a fresh set of dishtowels. Reuse the old ones as rags to polish silver, shine shoes or wipe up paint spills.

6 Display a vintage dishware collection on open shelves.

7 Hot-glue a seldom used vintage kitchen utensil in a shadow box and start a collection to adorn your walls.

8 Overhaul the area under your sink cabinet to make room for garbage, recycling and composting.

9 Bake a pie or layer cake – your kitchen will be transformed in less than an hour.

10 Hide the counter clutter of keys, cellphones and sunglasses inside a Moroccan tajine.

11 Remove everything from the tops of cabinets. Thoroughly clean the area. Do not replace the items!

12 Get rid of any chipped plates or cups – they’re getting you down.

13 Dress the windowsill with two or three pots of moss or herbs.

14 If you have glass door cabinets but can’t keep what’s inside looking tidy, line the glass panels with wallpaper or fabric, or apply frosted window film.

15 Install energy-efficient under cabinet lighting.

16 Use crystal flutes for your orange juice tomorrow morning. Champagne optional!

17 Create a photo wall of family members with their birthday cakes over the years.

18 Conceal scratches or dents on an old fridge with decorative wall decals.

19 A rough-hewn wooden bowl looks just as great empty as it does filled with rustic breads, artichokes or newspapers.

20 If there isn’t a window above your sink, hang a mirror there.

21 Add French flair: opt for a rustic table and chairs in the centre of your kitchen rather than an island.

22 Wallpaper the ceiling.

23 Tall ceilings? Install a large nontypical central light, like a chandelier, lantern or industrial pendant.

24 Cook up some natural air freshener: In a medium saucepan, bring 2 cups of apple cider to a simmer. Add a few slices of lemon, cinnamon sticks and 1 tsp whole cloves. Simmer for a couple of hours, adding more cider as it evaporates.

25 Hang a fabric blind with an elegant swag for a touch of grandeur.

26 A potted orchid in a white ceramic pot is a sophisticated living accessory that lasts longer than cut stems.

27 Install a new faucet.

28 Use a shallow baking dish to store cooking essentials by the cooktop or stove. It will keep everything exactly where you need it and save your counter from oil rings and pepper grinder debris. Decant olive oil into an opaque or dark glass bottle to protect it from light.

29 Treat yourself to a new set of canisters.

30 Say no to paper napkins and switch to a colourful fabric set.

31 Switch out your dated kitchen chairs for black Windsor chairs. They’re a design classic – great with mod or trad tables.

32 Remove a pair of cupboard doors and style the open shelves with your prettiest things.

33 Install invisible touch-latch hardware for a sleek, modern look.

34 Hang wallpaper as a backsplash. Protect it with acrylic or glass panels custom cut and installed by a glazier.

35 Leave only your chicest small appliances on the counter.

36 Conceal an ugly backsplash behind peel-andstick Smart Tiles.

37 Banish old knobs in favour of sexy new ones.

38 Conquer the junk drawer.

39 Get a handsome mortar and pestle. When you aren’t using it to muddle mint for a mojito, press it into service as a bookend for cookbooks.

40 Paint your cabinets nature’s neutral – green. It will look great with all your fruits and veg.

41 Display a pineapple when you’re expecting guests – it’s the universal symbol of welcome.

42 Make a pretty message board by placing fabric or decorative paper behind the glass of a large frame. Then use a dry erase marker to write on the front.

43 Add shaped brackets along the toe kick to make your cabinets look like fine furniture.

44 Install decorative casing trim around your pass-through.

45 Banish the smelly dishcloth hanging over the faucet! Organize your sinkside essentials on a rectangular dish or tray. The must-haves: dish soap in a pretty container (or decant some into a translucent white squeeze bottle), an all-natural cellulose sponge for dishwashing, a scrub brush and a plastic scrubber for pots.

46 Install a plate rack. Use it to display a collection of platters or cookbooks.

47 Splurge on a marble-top dining table for your best friend.

48 Keep utensils contained and at the ready in a plain white pitcher – it goes with any kitchen.

49 Perk up a family table with cheerful oilcloth that you can wipe clean in a flash.

50 The next time you buy groceries, bring home a bunch of daisies for the kitchen table.

{Source}

1 Clean your windows inside and out. When buyers are touring your home they want to see the view from each room. If the windows are dirty, it may make them question how well your house has been maintained.

2 Use frosting spray or interior design film on windows that don’t have the best view. This will block a not-so-attractive view, but still allow light to come in.  And it’s cheaper than buying blinds. If you already have blinds, turn the slates up so that light can still come through but the view is muted.

3 Clean out your closets.  Buyers always check closets so pack away any off-season items and anything you don’t use on a regular basis. Try to remove as much off the floor as possible; this creates the feeling that the room is more spacious.

4 Create a spa-like feeling in all of your bathrooms. Use white or off-white towels and add a fabric shower curtain. Place greenery on counters or the tub area to create the feeling of warmth and relaxation.

It’s important that you depersonalize and emotionally disconnect from your house. By doing this, you will allow yourself to transform your home into what your potential buyers are looking for. And remember, taking the time to properly prepare your home for sale will help sell it quickly and for top dollar.

Carla Woolnough is the creator and host of the How to Stage your Own Home DVD series. She’s also the founder of the home decorating and staging company Nex-Step Design and the national spokesperson for “Are you Fit to Sell” program.

If the real estate market is headed for a correction, then it presents a historic opportunity for buyers of investment properties. The main reason is that interest rates should continue to remain at historic low levels, even as prices fall. The key thing to remember is that the property must have positive cash flow.

What I mean by positive cash flow is that after you make your down payment, the income you receive from tenants is more than what it costs for your mortgage payment, property taxes, maintenance and utilities (if not paid by your tenants). Budget an additional 10 per cent for unanticipated repairs, as these always come up.

If you’re going to take a dip into commercial real estate, make sure, you must have the right team of people working with you. Who do you need? Here are some suggestions:

The right real estate agent: You want to find a real estate agent who specializes in this area and preferably owns investment properties themselves. They can introduce you to their contacts, such as insurance brokers, home inspectors, mortgage brokers and property managers, to protect you when making this investment.

A knowledgeable mortgage broker: You need someone who understands your personal financial situation in advance so that you are aware as to how much you can afford on any mortgage needed to finance any property.

A home inspector: You want a firm that specializes in the type of property that you are interested in. Ask for references and check them out. You need to have an unbiased opinion as to how much you may have to invest in the property itself after taking ownership.

An experienced lawyer: Depending on the type of property, you may need special clauses to protect you regarding verification of income, tenants or even the condition of the property. You will also need advice as to whether to hold title to the property in your own personal name, a partnership or a limited company.

An accountant: Besides tax advice, if there are commercial tenants involved, then you will need to be registered for HST purposes.

Private planner: If you are considering any changes to the property, whether it is an addition, basement apartment, to bring in more income, you need to know before you buy as to whether this is permitted under the local zoning by-laws and what applications may be necessary to get this done.

A building contractor: Renovations to improve your cash flow require someone experienced who can bring any project in on budget. Make sure that you check references and that a proper building permit is applied for in advance on any job. Put everything in writing so that there are no arguments later.

An arborist: Sometimes there are trees on the property that will have to be removed in order to do the renovations that are needed. There are many restrictive tree by-laws out there that may prevent taking down a tree. A lot depends on the diameter of the trunk of the tree. You need an experienced arborist who can advise you in advance how difficult it may be to remove any tree from the property.

A local property manager: You do not want phone calls in the middle of the night to fix something on the property. You need to hire an experienced manager with local ties to where the property is to make sure that your investment is well cared for and that all tenants are properly qualified in advance. Again, ask for references and check them out. Budget approximately an additional 10 per cent of your total expenses to pay for the manager.

By having the right team assembled, you can do the homework you need to do in advance of making such an important investment decision.

Mark Weisleder is a Toronto real estate lawyer. Contact him at mark@markweisleder.com

{Source}

Pumpkin soup

Serves 8

Ingredients

• 2 tbsp extra-virgin olive oil
• 1 cup chopped onions
• 1 tsp minced garlic
• 1 tbsp grated ginger
• 2 tbsp curry powder
• 3 tbsp all-purpose flour
• 4 cups chicken broth
• 3½ cups fresh pumpkin purée
• 1½ cups unsweetened condensed milk or cream
• 2 tbsp soy sauce
• 1 tbsp honey
• Salt and freshly ground pepper
• Roasted pumpkin seeds and sour cream for garnish

Directions
1. Heat the olive oil in a large stockpot over medium heat. Add the onions
and garlic and cook until the onions begin to soften, about 3 minutes.

2. Add the ginger and cook for 30 seconds. Add the curry powder and the flour and stir until smooth. Cook until the mixture bubbles, stirring frequently.

3. Gradually whisk in the broth and cook until the liquid has thickened. Stir in the pumpkin and the condensed milk. Season the soup with the soy sauce, honey and salt and pepper.

4. Bring the soup to a boil; remove from the heat. Transfer to bowls, garnish with the pumpkin seeds and sour cream and serve.

Serves 8

• 2 tbsp extra-virgin olive oil
• 1 cup chopped onions
• 1 tsp minced garlic
• 1 tbsp grated ginger
• 2 tbsp curry powder
• 3 tbsp all-purpose flour
• 4 cups chicken broth
• 3½ cups fresh pumpkin purée
• 1½ cups unsweetened condensed milk or cream
• 2 tbsp soy sauce
• 1 tbsp honey
• Salt and freshly ground pepper
• Roasted pumpkin seeds and sour cream for garnish

Directions
1. Heat the olive oil in a large stockpot over medium heat. Add the onions
and garlic and cook until the onions begin to soften, about 3 minutes.

2. Add the ginger and cook for 30 seconds. Add the curry powder and the flour and stir until smooth. Cook until the mixture bubbles, stirring frequently.

3. Gradually whisk in the broth and cook until the liquid has thickened. Stir in the pumpkin and the condensed milk. Season the soup with the soy sauce, honey and salt and pepper.

4. Bring the soup to a boil; remove from the heat. Transfer to bowls, garnish with the pumpkin seeds and sour cream and serve.