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10 Days is a Long Time To Think

When you buy a new condo in Ontario, you have 10 days after you receive your copy of the executed agreement of purchase and sale and the condominium documents to rescind on your agreement if you choose to do so. This can be for any reason whatsoever, technically you do not even have to provide a reason. You are released from your obligations and your deposit cheque(s) are returned to you.

I think this law is valuable and necessary and that it does what it is supposed to do – protect buyers from doing something they will regret. Unfortunately, some people are thinkers, and thinkers often think too much.  A lot what-ifs and worst-case scenarios can play out in your mind over the course of 10-days and the initial joy and excitement of buying a condo can be replaced by anxiety and fear over future events that may or not occur.

Typical rescission rates for most new condos is about 20%. That means out of every 5 purchasers, 1 will change their mind during the 10 days and will return their unit. By contrast, conditional deals in the resale market go firm about 95% of the time.

In my own experience, buyers who rescind on their agreements tend to do so because of one reason: risk. They just don’t have the stomach for the risk involved in buying pre-construction – and there is a lot of it! This has led me to believe that some people just should not buy a pre-construction condo. They are not cut out for it, and they would be far better off looking at lower risk investment opportunities in the resale market.

Buying a pre-construction condo is a high-risk, high-reward scenario. If you tend to be a risk-averse person, understand the inherent risk involved and use the 10-day cooling off period to carefully consider whether you are comfortable proceeding.  Questions or comments? Contact me.

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Protect Yourself: Never ‘Register’ With a Developer

When you enter into a new condo sales office, the first thing the pretty girl behind the desk will say to you is “Have you been here before? / Can I get you to sign in? / Have you registered with us yet?”.  Hmmm…you’ve got to ask yourself why they are so quick and in-your-face to get your personal information when you’ve only just walked through the doors. The reason is simple but most people are shocked to hear it.

When you sign-in/register with a developer, you are giving up your right to be independently represented on any future purchase at that condo development. You are effectively saying, I am not working with an Agent, and I give up my right to have an agent represent me in the future.

NEVER REGISTER OR SIGN-IN WITH A DEVELOPER!

Even if you have absolutely no intention of working with a Realtor, or if you think you have absolutely no intention of actually purchasing a suite at the development whose sales office you are entering, don’t give up your right to be represented! Remember that the sales people in the sales offices are working exclusively for the developer – they have ZERO obligation to you and your interests.

Remember, it costs you nothing to be represented by an exclusive buyer’s agent. The developer pays the fee on your behalf! Be smart, protect yourself and always leave yourself the option to be represented.

So what should you do?

1. Never give up your personal information on a sign-in or ‘registration’ forms. Tell them you are working with a Realtor/you have an agent.
2. If they press you to fill out the form anyway, put down your agent’s name and contact info. Better yet, give them your agent’s business card with your name on the back of it. (If you don’t have an agent, feel free to use my name and contact info.)
3. If they give you a hard time, or refuse your agent’s name as registration, you’ve got to ask yourself if this is a developer you want to buy from.

If you are thinking about buying a new condo, click here to hire me as your exclusive buyer’s agent.

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New Condo Sales Back From The Dead

After nearly a year of massive declines in sales and stagnant or falling prices, it seems that new condos are back. Urbanation’s sales figures for Q2 2009 show a dramatic change from Q1. We aren’t back to the hedy days of 2007-2008, but 2963 units sold sounds a heck of a lot healthier than the paltry 917 sold in Q1. Still, the numbers are 40% below Q2 2008 when 4,962 new condos were sold.

In the past 3 months, I’ve personally been involved with 3 major new condo launches or relaunches: FLY, One Cole, and Liberty Market Lofts. All three saw sales in the hundreds of units in a just a matter of 2 or 3 days. This was the norm back in 2007-2008, where new condos were launching every week and if they weren’t quick to raise their prices after initial launch they would sell out faster than you can say ‘economic collapse’.

Now some developers are starting to do something I wouldn’t have predicted just 3 months ago: raise prices. Check out one of Brad Lamb’s recent ‘tweets‘. And all this is taking place concurrently with the resurgence of the resale market. It seems that the lack of inventory in the resale market and elevating prices have people once again looking at new developments as a viable alternative. More bodies in the new condo sales centres of late has developers thinking less about lowering prices and more about raising them.

The focus now for buyers is ‘where can I get the best price, the best value for my investment long term’. No longer are they swayed by frilly incentives like free maintenance fees or low interest rates. Buyers are returning to the price per square foot equation as the best predictor for long-term ROI.

Still, there are more shoes to drop. More condo projects will be axed or relaunched in the coming months. I expect an active fall for the new condo market and more opportunities for buyers and investors to come.

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New Details on The HST

The provincial government is proposing to harmonize the GST with the PST. This new tax will be known as the HST. This would underlying principle is to increase efficiencies by having just a single tax, however, some goods (like housing) that have never been subject to the PST, suddenly would be.

This has many people inside and outside the Real Estate industry very concerned. The cost of a new condo or home in the GTA could jump overnight by tens of thousands if this new tax was implemented with no concessions. (Resale properties are not subject to the GST or PST).

The province just announced some new proposed changes to be made to how the HST is implemented as it pertains to new housing. Continue reading for the full press release from TREB.

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Monarch Introduces “Sales Tax Protection Program”

I received an interesting email from Monarch today that stated:

Unsure of how the Harmonized Sales Tax (HST) will affect your condominium purchase?

Rest assured!

Let your confidence soar with Monarch!

Monarch understands your concerns about the Government of Ontario’s intentions to harmonize the PST with the Federal GST.

To ease your concerns of buying a new condominium and to assure you that the purchase price of your suite is not increased by the harmonized PST, Monarch has implemented a “Sales Tax Protection Plan*” which guarantees you that Monarch will pay the additional tax if the additional “Harmonized” PST applies to the Purchase Price of your Suite while this program is in place.

As the email states, Monarch is offering to pay the additional taxes incurred if the Provincial government goes through with its proposal to harmonize the PST and the GST which will effectively mean that all new homes and condos will be subject to a 13% tax (as opposed to just the 5% GST).

They are the first developer I have heard to do this. I suspect others will follow with similar promises.

Yet another example of a developer trying to instill confidence in buyers and stimulate demand in a stagnante market.

The most interesting thing from my perspective is that it shows that developers (even large ones like Monarch) are getting more responsive and are adapting faster to the marketplace. And they need to. Buyers are looking to buy in developments where they feel that the developer ‘gets it’ and does not have their head in the sand with respect to the current economic conditions.

Current projects by Monarch include Twenty Gothic at High Park, Couture at Bloor and Jarvis, and Vibe in Liberty Village, and Quay West at Tip Top.

I’d love to hear your thoughts. Leave me a comment or contact me directly.

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Pre-Sale vs. Assignments

Buying an assignment may seem at first like something very similar to buying pre-sale (or buying new directly from the developer), but there are many key differences to consider.

Buying an assignment usually means you are getting a better price than if you just bought directly from the developer. However, instead of dealing directly with the developer – the entity that you are buying a condo from, you are negotiating and dealing with an individual. There is an element of risk by definition because you are inheriting someone else’s contract rather than negotiating your own from the start with the developer.

Most lenders are very familiar with pre-sale condos and they have programs set up for buyers to arrange the financing portion of the sale. When it comes to assignments, some lenders are not familiar with the process and buyers and sellers often encounter difficulties when dealing with the banks on assignment deals. This is another reminder why having a lawyer and a lender who are experienced with assignments is crucial for both the buyer and the seller in any assignment transaction.

Questions? Leave a comment or contact me.

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What Happens to my Deposit Money if a Project gets Canceled?

I get a lot of great questions sent to me by readers of my blog via my contact me page. Here is one that I thought would make for a good post.

Mike B writes,

 If I were to buy a unit at [X Development] and the project does end up being canceled, would I get my deposit money back?

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5 Things to Know About Occupancy Fees

I have a client who is in the middle of purchasing a new condo and we are currently in our 10-day rescission period. I am helping my client do their due diligence in reviewing their contract with a lawyer, making sure the financing is in place for the deposits as well as the mortgage, answering any questions that come up, and generally making sure they are totally comfortable before moving forward and finalizing the purchase.

In the course of our due diligence, this particular client had some concerns about occupancy fees or ‘phantom rent’ as it is also known. (more…)

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Why Use a Buyer’s Agent?

Thousands of people visit my website every week, most looking for information about new condo developments in downtown Toronto. Many are now returning visitors or subscribers who keep checking back for the latest info on the hottest new developments in the city. Thank you to everyone for visiting and I hope you find what you are looking for and that you find my website informative and useful.

A common question I get asked is,

I am thinking about buying a new condo in Toronto. Should I use an agent?

My answer is always YES! Hiring an Exclusive Buyer’s Agent should be the first thing you do when you decide you are going to purchase a new condominium from a builder.

With this in mind I’ve added a page to the website called simply called “Buying a New Condo” which explains the key reasons why you should always hire an Exclusive Buyer’s Agent when purchasing a condo at a new development. Check it out and let me know if you have any questions. I always appreciate my reader’s feedback.

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Where is the Toronto Condo Market Heading?

I attended a very informative and interesting seminar last night at the Market Wharf sales office. The event was put on by Context (the developer behind Market Wharf, Spire, Radio City) and was billed as a ‘Buying a Condo Seminar’. It was open to anyone who is on Context’s marketing email list. Normally I avoid events like these like the plague because they are blatant bait-and-switch sales events designed to lure uneducated consumers into buying a condo at a development they know nothing about. However, this one offered something different and I’m glad I attended.

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