Barrie ON

Welcome to Barrie ON, a vibrant waterfront community situated on beautiful Kempenfelt Bay.

The City of Barrie is a friendly, safe and exciting city with a reputation for its high standard of living and social atmosphere. Barrie’s close proximity to the Greater Toronto Area, beautiful properties and many amenities make it an ideal location for your business and place of residence.  Barrie is continually expanding to meet the needs of people who have chosen Barrie as the place to raise their family.

As one of a Central Ontario leading cities and has a dynamic waterfront community of approximately 130.000 people.  Convenient access to highways 401 and 407 are provided by the 400 and, highways 90, 27 and 11 provide alternate access routes to the rest of Ontario. Our local airport, Lake Simcoe Regional Airport offers customs and cargo handling capability. Also, the newly resumed GO service from Toronto to Barrie is popular with commuters.

The annual Kempenfest festival, held on the August long weekend along the waterfront, is recognized as one of the largest outdoor arts and crafts festivals in North America.  This event is fun for the whole family and is always a hit with the locals and visitors.

An attractive city with swimmable beaches and challenging ski opportunities located minutes from your front door.  An abundance of parks line beautiful Kempenfelt Bay with extensive biking, roller blading and walking trails. Cultural attractions include the renowned Gryphon Theatre, and international concert and performance venue at the Barrie Molson Centre , a 4,200 seat multi-purpose entertainment facility, the Mady Center and the MacLaren Art Centre .

Barrie also offers the Royal Victoria Hospital , a regional health care facility with a new Cancer Wing; Georgian College , which now offers university programs; a strong and diverse retail and commercial sector; and first class recreation, transportation and municipal services.

At its inception, the city was an establishment of houses and warehouses at the foot of the Nine Mile Portage from Kempenfelt Bay to Fort Willow. The Nine Mile Portage is an aboriginal transportation route that existed centuries before Europeans came to Simcoe County. The portage linked Kempenfelt Bay through Willow Creek, connecting Lake Simcoe to the Nottawasaga River which flows into Georgian Bay off Lake Huron.

Barrie played an integral role in the War of 1812. During the War, the city became a supply depot for British forces, and in addition, the Nine Mile Portage was adopted by the British Military as a key piece of their supply line which provided a strategic path for communication, personnel, and vital supplies and equipment to and from Fort Willow and Georgian Bay / Lake Huron. Today, the Nine Mile Portage is marked by signs along roads in Barrie and in Springwater Township. You can follow the scenic path from Memorial Square all the way to Fort Willow.

The city was named in 1833 after Sir Robert Barrie, who was in charge of the naval forces in Canada and frequently commanded forces through the city and along the Nine Mile Portage.

Barrie was also the final destination for one branch of the Underground Railroad. In the mid-19th century, this network of secret routes allowed many American slaves to enter Barrie and the surrounding area. This contributed to the development (and name) of nearby Shanty Bay.

Barrie Real Estate has always been a good investment for home buyers and investors.  Home prices continue to increase and the rental market in Barrie is very strong with a low occupancy rate.  Many people from bigger cities, such as Toronto, have chosen to invest in Barrie as a hedge against inflation, to protect their retirement investments.

The City of Barrie is currently in the process of re-vitalizing the downtown area.  This includes setting up patios for local bars and pubs for the summer months and adding trees to vacant lots to make the downtown look more attractive. Future developments may include a downtown market which may end up near the bus terminal area close to the waterfront.

The waterfront is also being changed with parks expanded, roads being moved and construction going on everywhere.  Barrie’s waterfront is a busy place in the summer with events for every weekend.  The City Marina is located along the boardwalk and is an ideal place to launch your watercraft from.

Buying a Home versus Renting

Buying a Home versus Renting – By the Barrie Home Inspector

There are many reasons why individuals choose to rent a home.  The biggest reason is the upfront costs of purchasing a home.  These costs include, making a down payment, home inspection fee, closing costs, home insurance, legal fees and moving expenses.  Some people have uncertainty in their career or ability to earn a wage.

Buying a home allows people to start building equity and gives them the freedom to decorate or modify their home as they see fit.  Pride of home ownership and the ability to perform your own maintenance is a big plus for most people.  An article in the New York Times claims the average home owner would actually save over $10,000.00 over a 6 year period compared to renting the same house.

With today’s low interest rates many first time home owners are jumping into the market.  Many renters don’t realize they have the means to purchase their own home or the benefits of homeownership as compared to renting.

Over the last ten years, the cost of rental housing in North America has increased an average of 3.5% per year. If that trend continues, that means that an apartment or home renting for $1,000 per month will cost more than $1,300 a month in ten years. If you rent the same home for ten years, the total amount you would pay for rent will equal $140,777!

Mortgage interest deductions, mortgage principal accumulation, property tax deductions, and home appreciation are factors to take into consideration when deciding to purchase a home.  Home buyers in the United States can deduct interest from their Federal Income Tax making affording a home even more easier.

For most Americans, owning a home is their largest financial asset and a major component of their investment strategy.  The NATIONAL ASSOCIATION OF REALTORS® estimates that the value of an average home rises by 4.5 percent a year. That’s a healthy return on investment. Still, no investment is guaranteed. Many Americans lost value in both their homes and investment accounts in the last couple of years, and it will take some time to recover.

Homeownership is how many families begin to accumulate wealth. According to the most recent data from the Federal Reserve Board, a homeowner’s net worth is 34.2 times that of a renter’s. (Median net worth of $174,500 for owners versus $5,100 for renters.)  Families who own their home tend to move less than renters.  This leads to more stable neighborhoods where there is more community involvement and sometimes even less crime.

You may wonder whether it is worthwhile to wait to purchase your home until prices are at their lowest. Prices are not the only factor that should drive your decision. Currently, interest rates are at all time lows that greatly improve the affordability of homes, especially for first time home buyers.  Talking with a Certified Financial Planner can help you decide if you are ready to jump into home ownership.  Your local bank may have financial planners on staff or maybe able to refer you.

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Ontario Relocation Realtor’s

Ontario Military Relocation Realtor’s

Welcome to Canadian Forces Base Borden (also CFB Borden, French: Base des Forces canadiennes Borden or BFC Borden), one of Canada’s biggest training bases.  The mission of CFB Borden is to support all of its customers in the most cost effective manner to enable them to accomplish their missions. These customers include several military training establishments and a variety of other military and civilian organizations located on the base.

Bill and Jenna Forsyth are your local experts on the Military IRP Relocation process.  Whether, buying or selling, they can help your move be less stressful and more profitable for your family.  Bill and Jenna are both approved Brookfield GRS Realtor’s  and own the Emerald Home Life Real Estate office in Angus ON.  Contact info for Bill and Jenna.

Barrie ON has become a popular choice for military families moving to CFB Borden ON.  Barrie has a beautiful water front and has many choices for recreation and learning, which is very important for people raising young families.

Steven Stables is Barrie’s local Real Estate expert for the DND IRP military relocation process.

Stephen and his wife provides the local knowledge which is so important when choosing a place to raise your family.  Stephen is an approved DND Brookfield GRS Real Estate agent for the Barrie area.

Let Stephen show you the difference personal service can make whether you are buying or selling in the Barrie area.

Stephen Stables contact information for Military Personnel.

Meaford – known as 4th Canadian Division Training Centre Meaford is a Canadian Forces training facility operated by the Canadian Army.   Meaford is a Canadian municipality in Grey County, Ontario. Meaford is located on Nottawasaga Bay, a sub-basin of Georgian Bay and Owen Sound Bay.

Doug Slaine is a professional Realtor specializing in properties in the Georgian Triangle.  If you are buying or selling properties in the Meaford area allow Doug to supply you with expert advice.

Doug is an approved Brookfield GRS Realtor and can help your families move be more successful.

Contact Doug Slaine today.

TeamChamp - Kingston Military Relocation Experts

Kingston, Ontario is a Canadian city located in Eastern Ontario where the Saint Lawrence River flows out of Lake Ontario. Kingston provides entertainment for kayakers, swimmers, boaters, canoeing and windsurfing.  Golf courses and hiking trails allow for everyone to have lots of exercise.  Kingston also has 20 museums and historic sites which you can explore yourself or take a guided tour.

Team Champ are the local Real Estate experts in Kingston.  Canadian Forces Base Kingston (also CFB Kingston) is a Canadian Forces Base operated by the Canadian Army located in Kingston, Ontario.

When you are posted in or out of CFB Kingston,  Let Greg or Jenn offer their expert advice and knowledge as IRP Military approved Realtor’s.  Team Champ, Greg and Jenn, are the approved Brookfield GRS Realtor’s for Kingston ON.

Team Champ offers the “Personalized Service” which sets apart the Realtor’s belonging to Canada’s Largest Network of IRP military relocation Realtor’s.

Their combined expertise and personal touch will ensure the best results for your next posting or House Hunting Trip.  Contact Greg or Jenn

CFB North Bay,  Gateway to the North.  Peter Taylor is ReMax Legends local Military Relocation Expert and is an approved Brookfield GRS Realtor.  Military personnel moving in or out of the North Bay region can take advantage of Peter’s expert knowledge concerning military relocation.

As part of the IRP-DND.COM Canada wide network of Military Relocation Realtor’s, Peter has demonstrated the ability to provide personalized service that Military Personnel have come to expect when dealing with our professional Real Estate agents.

If you are planning a House Hunting Trip to North Bay, don’t wait, contact Peter Taylor immediately.  Your families success in finding the perfect home is Peter’s area of focus and expertise.

Let Peter take some stress away from your posting and instead focus on finding your next dream home. Contact your North Bay Realtor

Ottawa has the largest assembly of Military Officers of any location in Canada. Although Ottawa has lost its status as a Canadian Forces Base it retains a vibrant military presence and the majority of Military Officers will be located at Ottawa at some point in their career.

Anne and Dwight are Ottawa’s local IRP Military Relocation experts and both are Approved Realtor’s with Brookfield GRS.  Anne and Dwight have built a level of trust, with military families Relocating to Ottawa, that is based on a level of personal service and honesty which allows them to stand out from other Realtor’s in the Ottawa area.

Anne and Dwight have made their goal to providing “personalized service” to all their clients.  Individual service is what sets apart the Realtor’s belonging to Canada’s largest network of approved Brookfield GRS agents for the rest.

When you are planning to buy or sell in the Ottawa region, contact Dwight and Anne

Garrison Petawawa, use to be referred to as CFB Petawawa, or simply “Pet“, is a Garrison located in Petawawa, Ontario. It is operated as an army base by the Canadian Army.  The base has an extensive infrastructure with 465 buildings and over 300 km2 of property comprising the Petawawa Training Area. The base is located in the Ottawa Valley in Renfrew County, 170 kilometres (110 mi) northwest of Ottawa along the western bank of the Ottawa River. Its main gate is North of the town of Petawawa. The majority of the base territory is in the municipality of Laurentian Hills, with portions also in Petawawa and Deep River.

Your IRP Military Relocation Realtor for Petawawa area is Rainer Willig, an approved Brookfield GRS Realtor.  You can visit IRP-DND.COM or our FaceBook Page to find out why you should choose from Canada’s largest network of Approved Brookfield GRS Realtor’s.  Browse the hottest new listings on Facebook and start up a conversation with one of our trained professionals.

CFB Trenton), is a Canadian Forces base located 2.3 nautical miles (4.3 km; 2.6 mi) northeast of Trenton, Ontario. It is operated as an air force base by the Royal Canadian Air Force (RCAF) and is the hub for air transport operations in Canada and abroad. Its primary RCAF lodger unit is 8 Wing, commonly referred to as 8 Wing Trenton.

TeamChamp - Kingston Military Relocation Experts

Trenton (2001 population 19,374) is a community in Southern Ontario in the municipality of Quinte West, Ontario, Canada. Located on the Bay of Quinte, it is the main population centre in Quinte West. Trenton is also the starting point for the Trent-Severn Waterway, which continues northwest to Peterborough and eventually Port Severn on Georgian Bay.

IRP Military Personnel can contact Brookfield GRS approved agent, Shelley Simpson for any inquiries concerning posting in or out of the Military Base located at Trenton.  Shelley is an energetic, compassionate and service oriented individual, with extensive knowledge and experience in the Quinte Real Estate Market.

Shelley believes YOU are buying or selling a LIFESTYLE, yours not hers, and she will be there to help you with this emotional decision. Shelley believes that by building rapport with her clients, the LIFESTYLE you require is of utmost importance and as your QUINTE AND TRENTON Realtor, Shelley wants to see you acquire those DREAMS.

There are bigger Realtor’s out there that promote that, “They are the Biggest and Best”, but do you want to give up that Personal Touch in finding or selling your family’s home, just so you could win a gift?  Talk to Shelley and once you do you will realize why Shelley has become the Realtor of choice for Relocating Military Personnel.  Call Shelley today or send her an email.  Shelley is also on military relocation where you can view up to date property listings or message questions Shelley about your INDIVIDUAL OR FAMILY’S requirements.

THE IRP-DND.COM MISSION STATEMENT

The “Biggest Service Factor” that IRP-DND.COM  provides is “personal service”.  You are the only focus of our individual attention.  We are not a “big agent” office, where your needs and wants, are shuffled off to subordinates, as soon as the paper work is signed.  Those big “Real Estate” agents may promise the world, but in actuality they are churning people through their agency with no consideration for the concerns  of their individual clients.  How do you think an individual Realtor becomes the ranking selling or buying  force in his or her region.  Churning out “selling or buying” deals is not within the scope of the “IRP-DND.COM” mandate.  We are only there for one reason,  “To provide the best representation possible to our clients”.

Closing Down the Cottage

Closing Down the Cottage.  Well the Last Long Weekend of Summer is just about over and all the people fortunate enough to own a three season cottage will have to start planning closing up their summer retreat for the winter.

Roof Repair - Barrie Home Inspections

Check Your Roof for missing or damaged shingles, inspect any flashings for openings or damage and cut back any branches which may contact roof during winter. Place a wooden cover on the chimney to discourage birds and small animals from entering, and to stop any rain or snow. Tightly close your fireplace damper to prevent animals from getting in.  If your cottage is in a heavy snow load area you might consider putting some extra posts or wood studs under roof supports for extra protection.

Inspect exterior for any opening, holes or cracks which can allow rodents or water into interior.  Mice and squirrels can squeeze through any small opening. A little caulking in the fall can save a lot of work next spring.

Remove all food from building as you don’t want to attract animals who may force their way in to get a free meal.  You can spread some mothballs around cottage to deter smaller creatures.  I recommend the cedar mothballs which I put in my car every winter to protect the leather upholstery.

Defrost the refrigerator. Leave the door open a little to prevent mildew from growing. An open box of baking soda placed inside the fridge will also help neutralize odours.

plumbing drain for cottage

Drain the plumbing, the hot water tank, the water purifier, the washing machine (and the dishwasher, if you have one), the toilet tank, and the sink and tub traps. First, drain all the lines by opening all the taps and valves. If your lines are not level you’ll have to blow the water out with air. (Use a can of compressed air, or a hand-operated diaphragm pump.) Put antifreeze—use non-toxic propylene glycol, also known as RV antifreeze—in anything that can’t be drained.

Lock up any recreational equipment left at the cottage.  Drain and winterize any equipment left in storage.  Adding a coating of oil can help prevent rusting and extend life of tools.  Rather than draining gas from equipment considering adding stabilizer instead.

Turn off all appliances and unplug any electrical fans or heaters etc.  If you have no need for electricity to be left on shut off main breaker when everything has been turned off.  If you leave appliances or anything else on and some one entered cottage and turned on your breaker you could have a fire or end up running an appliance until your next visit.

Store Your Bedding in a dry and rodent proof container or plastic bag.  Cover beds with drop sheet or plastic etc to keep mouse droppings off the bedding.  If you have any concerns about roof leaks you can stand up the bedding with plastic cover for protection.

List & Engrave Your Valuables so that if stolen the police can easily identify them.  You could even leave a list on your kitchen table to discourage thieves from taking them as they will know they can be traced immediately.

Last but Not Least take a final walk around exterior making sure everything is properly stored and sheds, bunkies, garages, windows and doors are properly locked. And finally, if possible, ask a neighbor to keep an eye on your place.  It is handy to have someone local who can act on your behalf if there is a break-in etc to speed things along and maybe save yourself a trip back.

Your Home Inspection

Your Home Inspection

When you hire a home inspector to perform a home inspection you usually will be asked to read and sign a Pre-Inspection agreement which states what a home inspector is and is not responsible for inspecting.  This is a standard boiler plate type of document that is typically modified to suit each inspectors qualifications and experience.  In the pre-inspection agreement there is usually a reference to the Standards of Practice for the organization that that particular home inspector belongs to. View Barrie Home Inspector’s Standards of Practice

A home inspection is a limited, non-invasive examination of the condition of a home, often in connection with the sale of that home. Home inspections are usually conducted by a home inspector who has the training and certifications to perform such inspections. The inspector prepares and delivers to the client a written report of findings. The client then uses the knowledge gained to make informed decisions about their pending real estate purchase. The home inspector describes the condition of the home at the time of inspection but does not guarantee future condition, efficiency, or life expectancy of systems or components.

NACHI (National Association of Certified Home Inspectors) Standards of Practice states, ” A general home inspection is a non-invasive, visual examination of the accessible areas of a residential property (as delineated below), performed for a fee, which is designed to identify defects within specific systems and components defined by these Standards that are both observed and deemed material by the inspector.  The scope of work may be modified by the Client and Inspector prior to the inspection process. The general home inspection is based on the observations made on the date of the inspection, and not a prediction of future conditions. The general home inspection will not reveal every issue that exists or ever could exist, but only those material defects observed on the date of the inspection.

The typical Standard of Practice places Limitations, Exceptions and Exclusions on the Home Inspection.  Some of the most important ones of note are: Asbestos, Radon, Formaldehyde, Wood Destroying Organisms, Rodents and Lead.  There are many more but the list is pretty exhaustive.

The home inspection report will list items that are defective or in need of service or maintenance.  The Barrie Home Inspector includes a picture of every item that requires service, maintenance or replacement in the home inspection report.  Ensuring the client understands the importance of any particular deficiency is just as important as noting the deficiency.

Many clients want a repair estimate on any item that is noted as being defective in the home inspection report.  Most home inspectors will not give a firm estimate on any repair cost due to the fluctuation of labor rates between service personnel.  It would be impossible to quote the cost of service call when you do not know the per hour rate and even how fast that particular tradesperson performs his tasks.  Some home buyers may want to request that the home seller repair some deficiencies prior to completing the sale.  While this may look good on paper a buyer would be better served to get an estimate from a qualified person and negotiate that cost from the sale price, as the home owner may just hire the cheapest person to make repair.  It is better to hire your own individual and even supervise repair to ensure it is done to your satisfaction.

SPIS (Seller Property Information Statement) is one of the best ways homebuyers can protect themselves from buying a house that has known issues, such as flooding when it rains hard or hidden moisture in the walls. While a SPIS is not required for the sale of a home, OREA considers including one with the listing is good practice.  A seller can be held responsible for issues found after the sale of the home if they did not disclose an issue that was not visible or found during a home inspection.  Read more about SPIS

Your Realtor is also bound by their Code of Ethics to disclose any concern that they are aware of.  To find out more info on SPIS and Realtors visit the Barrie Home Inspector.

Attending the Home Inspection is the best advice any Home Inspector can give you.  Following your Home Inspector as he inspects and explains what he is looking at is valuable knowledge about your new home. You will learn about all the major systems of your home and any potential areas where maintenance is required.   Attending the inspection and having a fully documented home inspection report will allow you to make any required repairs and identify areas where you should be providing the required maintenance to keep your home in good condition.

Many times at a home inspection the sellers will leave out their previous home inspection report for review.  The majority of maintenance defects noted in the home inspection report will typically not have been repaired.  This is really a waste of a valuable resource and home owners should take advantage of the expertise and knowledge of their home inspector and repair any listed deficiencies.

SPIS – Protection for Homebuyers

SPIS – Protection for Homebuyers.  Barbara Sukkau, president of OREA, advises that one of the best ways homebuyers can protect themselves is to ask for a Seller Property Information Statement (SPIS) from the homeowners. “An information statement like the SPIS will tell potential buyers what the known issues are in the house—both those you can easily see and those that are hidden behind walls or only appear after something like a heavy rain or snowstorm,” says Sukkau.

While providing a SPIS for a house is not legally required by a seller, it is considered a best practice by OREA, and Realtors will encourage sellers to include one with the house’s listing. OREA also instructs Realtors that disclosure is imperative as prescribed in their Codes of Ethics. “We recommend listing everything that a buyer might be concerned about in the home because, as Realtors, we are trained to work within the rules of real estate law and are familiar with recent court judgements against sellers who failed to inform a buyer about the home’s history,” says Sukkau.

An information document like the SPIS is not a warranty, but it can help protect the buyer or the seller if the buyer discovers an issue with the house after the sale and wants money to fix the problem or takes the previous owner to court. The SPIS shows the seller acted in good faith and told the buyer about all the known issues.

In Ontario, caveat emptor or “buyer beware” applies to real estate law. A homeowner selling his or her property may believe that it prevents litigation if the buyer later discovers a problem with the property; however, this is not actually what caveat emptor means. “Buyer beware” means that the buyer cannot after the sale is closed ask the seller to pay for repairing something on the property if the problem was visible at the time of purchase or could be discovered through a home inspection. For example, if the buyer sees that a window is broken in the home, he or she cannot later ask for money to repair it, but the buyer could ask their Realtor to include a clause in the agreement of purchase and sale to fix the window before the sale is finalized.

On the other hand, the seller is legally obligated to inform the buyer of any problems that would not be discovered during a home inspection (e.g. a basement that floods after a heavy rainfall) as this is a latent, or hidden, defect. If the seller did not tell the buyer about the problem before the sale is finalized, the buyer could take the previous owner to court for failure to disclose the dangers if it can be proven that the sellers knew about the issue when the home was sold.

“Some homeowners may be reluctant to tell a potential buyer that the basement leaks or if there is old wiring, but providing this information can make your house more attractive to buyers than sellers who do not provide a list. People interested in your home will know what to expect and will not have to worry about having unhappy surprises after they move in,” says Sukkau.

The use of Disclosure Statements is mandatory in some places, but in Ontario, and elsewhere in Canada, they are voluntary although “strongly recommended” by real estate agents.  At theThunder Bay Real Estate Board Level, the SPIS, which is published by the Ontario Real Estate Association (OREA), is mandatory.  If the statement is not submitted to the board within 48 hours of listing a house, the Board will pull the listing from MLS until it is submitted.  The SPIS can be crossed out and shown “As Is”, but must be signed by the seller.

The questions in the SPIS may require complex answers and many lay people may not understand the questions. It is arguable the SPIS asks sellers to disclose more than they are required to do by the law.  A problem with the forms for Real Estate Agents is that if the seller gets sued, then the agent may be joined in the action for their role in using/preparing the forms

“Real estate agents are not lawyers and should not be expected to provide legal advice.  The practical reality, however, is that many individuals in real estate transactions likely rely on their real estate agent for legal advice.” Lyle v. Burdess, YK, 2008”.

The vast majority of residential real estate transactions close as scheduled, without problems or disputes.  Some lawyers argue that the chances of any given real estate deal resulting in litigation involving the buyers, sellers and real estate agents increase when the agents insist that the sellers complete a SPIS.  On the other hand, many experienced Agents argue that the use of SPIS has eliminated much litigation, and creates certainty for the information given to the buyer.

The object of this paper is to clarify the use of the SPIS and explain how the courts interpret the SPIS.

WHAT MUST A VENDOR DISCLOSE?
Before there ever was an SPIS, the Doctrine of Caveat Emptor (“Buyer Beware”) applied.  Absent fraud, mistake or misrepresentation, a purchaser would take an existing property as he found it, whether it was decrepit, bug-infested or otherwise uninhabitable, unless he/she protected himself by contract terms.

The current law is that a vendor is not under a duty to disclose patent defects  of quality; however they have an obligation disclose latent defects  which render the property unfit for habitation or defects which render the property dangerous or likely to be dangerous.  There is no duty to disclose defects which affect the value (only) of the lands.  There is an obligation to disclose habitation or dangerous deficiencies discovered after the Agreement is signed but before closing.  Nonetheless, vendors are not liable if they have no knowledge of the latent defect.

From a consumer protection standpoint a move away from the harshness of caveat emptor to a full disclosure model is defensible.  Many agents argue that by reducing the representations to writing there is less likelihood that the answers will be misinterpreted.  As several agents have noted – if the Vendors won’t complete the Disclosure Statement, we wonder what they are trying to hide?

CRITICISMS OF USING AN SPIS
•    Disclosure Statements require Vendors to disclose more information than a Vendor would normally have to disclose.

•    The average layperson probably doesn’t understand many of the questions let alone know the correct answers.

•    They may be seen as an attempt to protect the real estate agents.

•    They offer more protection to the vendor, than the purchaser.

•    It does not directly disclose the actual condition of the property. It requires the vendor to say no more than that he or she is not aware of problems.

•    Places buyers in an advantageous bargaining position being armed as they are with a list of all known defects, patent and latent.

REVIEWING THE SPIS
The following are some of the sections or paragraphs from the SPIS Form 220.  The bullet points after them are commentary on the same.

“ANSWERS MUST BE COMPLETE AND ACCURATE  This statement is designed in part to protect Sellers by establishing that correct information concerning the property is being provided to buyers.  All of the information contained herein is provided by the Sellers to the broker/sales representative.  Any person who is in receipt of and utilizes this Statement acknowledges and agrees that the information is being provided for information purposes only and is not a warranty as to the matters recited hereinafter even if attached to an Agreement of Purchase and Sale. The broker/sales representative shall not be held responsible for the accuracy of any information contained herein.”
•    A CRITICISM OF SPIS FORMS MAY BE MORE FOR THE PROTECTION OF THE AGENT – IS THIS LIKELY TO PROTECT YOU IF THEY ASK YOU HOW TO FILL IN THE FORM, AND THE ADVICE IS WRONG!
•    THE OTHER SIDE OF THIS CRITICISM IS THE FACT THAT:
o    (a)  nobody knows the property (and especially the latent defects) better than the owner/vendor;
o    (b)  owners/vendors sometimes hide latent defects from their agents; and
o    (c)  if the roof leaks or the well goes dry the broker and the agent often get sued along with the vendors – for
“discovery” if nothing else.

“BUYERS MUST STILL MAKE THEIR OWN ENQUIRIES Buyers must still make their own enquiries notwithstanding the information contained on this statement.  Each question and answer must be considered and where necessary, keeping in mind that the Sellers’ knowledge of the property may be incomplete, additional information can be requested from the Sellers or from an independent source such as the municipality.  Buyers can hire an independent inspector to examine the property to determine whether defects exist and to provide an estimate of the cost of repairing problems that have been identified.  This statement does not provide information on psychological stigmas that may be associated with a property.”

•    THIS IS TO TRY AND SHOW THE BUYER KNEW THEY MUST DO THEIR OWN INVESTIGATION.

“General:” Section

•    When answering the questions, they must be filled out by the seller (not the agent). Agents must ensure that the seller initials every box, as this will prevent agents from being accused of incorrectly filling out the SPIS on behalf of the seller, and then having the seller sign them, and the agent later being held liable in Court.

“2) Does any other party have an ownership, spousal or other interest in the property?”
•    MANY PEOPLE DON’T REALIZE THAT A SPOUSE CAN HAVE A POSSESSORY INTEREST EVEN THOUGH THEY ARE NOT ON TITLE

“5) Are there any encroachments, registered easements, or rights of way?”
•    TO DISCOVER ANY ENCROACHMENTS, A SURVEY OF THE     PROPERTY MIGHT HAVE TO BE DONE. MANY OWNERS WOULD NOT KNOW ABOUT RIGHTS OF WAY, AS THESE COULD BE SUCH THINGS AS AN UNREGISTERED EASEMENT (FOR EXAMPLE, HYDRO MAY HAVE AN UNREGISTERED EASEMENT FOR OVERHEAD POWER LINES)

“8) What is the zoning on the subject property?”
•    TO KNOW THIS ANSWER, THE OWNER MAY NEED TO SEE THE ZONING MAP FOR THE CITY

“9)  Is it legal non-conforming (if it does not comply with zoning)?”
•    MOST PEOPLE DO NOT KNOW WHAT THIS MEANS, LET ALONE THE ANSWER.

“11) Are there any restrictive covenants that run with the land?”

•    MOST SELLERS DON’T KNOW.

“12) Are there any drainage restrictions?”

•    THE SUBDIVISION AGREEMENT WITH THE CITY RESTRICTS CHANGES IN GRADE.

“13) Are there any local levies or unusual taxes being charged at the present time or contemplated?”

•    THIS IS AN EXAMPLE OF HOW VENDORS HAVE TO DISCLOSE MORE THAN THEY WOULD NORMALLY HAVE TO DISCLOSE

“16) Is the property connected to municipal water and sewer?”

•    IF NOT, FORM 222 MUST BE COMPLETED.

The following are the relevant paragraphs from Form 222:

Form 222:

1.    (c) are you aware of any problem re: quantity of water?”
•    CURRENT ACTUAL KNOWLEDGE – MUST YOU DISCLOSE PROBLEMS IN PRIOR YEARS.

“(d) are you aware of any problems re: quality of water?”
•    IN THE PAST WERE THERE WATER SAMPLES THAT FAILED?

“21) Are there any past or pending claims under the Ontario New Warranty Program?”

•    IS THIS JUST WHILE THE SELLER OWNED THE PROPERTY?

Form 220, Continued:

ENVIRONMENTAL

“3) Is the property subject to flooding?”

•    DOES ONE FLOOD MEAN ITS S.T. FLOODING?    DOES ‘PROPERTY’ MEAN THE WHOLE PROPERTY OR JUST THE  HOUSE?

“4) Is the property under the jurisdiction of any Conservation Authority or Commission?”
•    THIS IS ANOTHER EXAMPLE OF HOW VENDORS HAVE TO DISCLOSE MORE THAN THEY WOULD HAVE HAD TO DISCLOSE BEFORE THESE SHEETS WERE MANDATORY.  DOES THE SELLER HAVE THIS KNOWLEDGE?

IMPROVEMENTS AND STRUCTURAL:

“7) Are you aware of any moisture and/or water problems?”
•    DOES “ANY” MEAN YOU HAVE TO DISCLOSE A LEAK THAT WAS FIXED? I.E. ROOF? BASEMENT?

“12) Is there any lead, or galvanized metal plumbing on the property?”
•    IF THE SELLER DIDN’T BUILD, HOW DO THEY KNOW WHAT PLUMBING THERE IS.

Bottom of Page 2 of Form 222

“THE SELLERS STATE THAT THE ABOVE INFORMATION IS TRUE, BASED ON THEIR CURRENT ACTUAL KNOWLEDGE AS OF THE DATE BELOW.  ANY IMPORTANT CHANGES TO THIS INFORMATION KNOWN TO THE SELLERS WILL BE DISCLOSED BY THE SELLERS PRIOR TO CLOSING.  SELLERS ARE RESPONSIBLE FOR THE ACCURACY OF ALL ANSWERS.  SELLERS FURTHER AGREE TO INDEMNIFY AND HOLD THE BROKER HARMLESS FROM ANY LIABILITY INCURRED AS A RESULT OF ANY BUYER RELYING ON THIS INFORMATION.  THE SELLERS HEREBY AUTHORIZE THAT A COPY OF THIS SELLER PROPERTY INFORMATION STATEMENT BE DELIVERED BY THEIR AGENT OR REPRESENTATIVE TO PROSPECTIVE BUYERS OR THEIR AGENTS OR REPRESENTATIVES.  THE SELLERS HEREBY ACKNOWLEGE RECEIPT OF A TRUE COPY OF THIS STATEMENT.”
•    CURRENT ACTUAL KNOWLEDGE – ATTEMPT TO LIMIT  NEED TO MAKE INQUIRIES BY SELLER;
•    IMPORTANT THAT YOU LET THE SELLERS KNOW THAT IF SOMETHING COMES UP AFTER THE AGREEMENT OF PURCHASE AND SALE, THAT THEY HAVE TO DISCLOSE PRIOR TO CLOSING – IN WRITING PREFERABLE
•    THIS IS AN ATTEMPT TO PROTECT AGENTS – “INDEMNITY”

RELEVANT CLAUSES OF AGREEMENT OF PURCHASE AND SALE

“13. INSPECTION: Buyer acknowledges having had the opportunity to inspect
the property and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between Buyer and Seller. The Buyer acknowledges having the opportunity to include a requirement for a property inspection report in this Agreement and agrees that except as may be specifically provided for in this Agreement, the Buyer will not be obtaining a property inspection or property inspection report regarding the property.”

“24. AGREEMENT IN WRITING: If there is conflict or discrepancy between
any provision added to this Agreement (including any Schedule attached hereto) and any provision in the standard pre-set portion hereof, the added provision shall supersede the standard pre-set provision to the extent of such conflict or discrepancy.  This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Buyer and Seller.  There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein.  For the purposes of this Agreement, Seller means vendor and Buyer means purchaser.  This Agreement shall be read with all changes of gender or number required by the context.”

Cheadles – Lawyers & Trademark Agents states the following:

REPRESENTATIONS AND WARRANTIES
One of the questions which the courts have been wrestling with is whether the statements contained in the “SPSI” or disclosure statements are representations or warranties.  The third sentence in the first paragraph of the OREA form states that “The information is being provided for information purposes only and is not a warranty”.

A warranty is a statement collateral to the contract.  Breach of a warranty entitles the purchaser to damages only and does not permit the purchaser to rescind the contract.  A representation is a statement made by one party to the other, before or at the time of contracting, regarding some existing fact, or some past event, which is one of the causes that induces a contract.

In Ward v. Smith (2001) 45 R.P.R. (3d) 154 the B.C. Supreme Court adopted the following descriptions of disclosure statements:

“The purpose of the disclosure statement is to raise questions and concerns rather than give detailed answers to the disclosures made.”

“Although the property condition disclosure statement forms part of the agreement for a purchase and sale, it is not necessarily a warranty.  Its main purpose is to put purchasers on notice with respect to known problems.  The disclosure statement … merely indicates that the statements therein are true according to the seller’s current actual knowledge.”

“The disclosure statement does not call upon a vendor to warrant a certain state of affairs.  It requires the vendor to say no more than that he or she is or is not aware of problems”.

The Court also stated “Representations are non-contractual.  If they are not true, the appropriate remedy is not an action for breach of contract, but the avoidance or rescission of a contract entered into in consequence of the representation, and, possibly, a tort action for damages.  Thus…. a misrepresentation, may:

(a)  entitle the representee to avoid the contract, if the representation was fraudulently made;

(b)  entitle the representee to rescind the contract, if the representation was innocently made or;

(c)  entitle the representee to sue, in tort, for damages if the representation was negligently made”.

Therefore, it is clear that the statements made in the SPIS are not a warranty, but the court will consider them a representation.  Depending on whether the representation was fraudulent, innocent, or negligent will determine the remedy of the buyer.  The next two cases show that sellers must be very cautious in filling out the SPIS, because the courts will not hesitate to make sellers pay for a representation that turns out to be false.