Either Way I’m Hooped

It’s my job to protect your interests. I advise, but I can’t always recommend. For example, regardless of what I personally feel is necessary, it would be very unprofessional to recommend or advise that an inspection isn’t needed or a review of title documents isn’t warranted, or that a lawyer shouldn’t read over the contract. If you ask me any of these questions, I will tell you that it is advisable to get them done if you are the least bit uncomfortable. Are they always necessary? No. But I will always recommend them because they are the prudent course. Just know this. If you have to ask “Should I or shouldn’t I…?”, then you should.

Here’s an example. I’m often asked… “Should I get an inspection? It’s expensive and this unit/house is virtually new”.

Well, that may be true. And if I was in your shoes I may or may not choose to get an inspection. But the question puts me in the unfortunate position of either recommending you pay for an expensive and potentially unnecessary inspection or you don’t pay for a necessary one. And if I advise you not to have that inspection only to have a problem show up down the road, I’m going to be in a lot of hot water. What I personally would do is my choice. What you should do is understand that there is risk in not having a professional review the item of concern. I will advise where the concerns may exist, and what options are available. I can even provide names of professionals to assist. But I can’t advise against doing the investigation, no matter how remote the possibility of a negative finding may be.

FAQ:

  1. “The building inspector wants to inspect the entire condo building, not just the unit. Do I really need that?”
  2. While the strata corporation is expected to monitor and repair exterior areas of the building, it’s a good idea to get a sense of just how well it is being kept up. Although there may have been recent engineers reports, deprecation reports, and even exterior remediation it never hurts to have another set of eyes take a look. Is it worth the money? Only time will tell.
  3. “I have a friend who knows construction. I could save a lot of money having them come through instead of an inspector couldn’t I?”
  4. That depends. A building inspector generally is aware of issues that go beyond mere construction and is trained to identify areas that may require further investigation. They also tend to follow a very prescribed and thorough checklist of items to investigate and note. I’ve certainly walked through inspections conducted by the “friend or family member” where they miss items of importance only to focus on items that are really quite trivial. Then, when it comes time for me to negotiate on your behalf as a result of inspection findings, a professional report by a licensed inspector will have much more impact than the word of a friend.
  5. “I don’t understand these charges on the title. Should I have them reviewed?”
  6. Yes. I can provide general information about types of charges on title but if you’re unclear about their meaning or impact you should have your lawyer clarify.
  7. “I don’t understand all this legal mumbo jumbo but I trust you, Andrew. Should I just sign this anyways?”
  8. Contracts are legally binding and it’s important that you fully understand what you are signing. While I can explain the general intent of the various clauses in a listing or purchase contract, I am not your legal representative. If you’re at all unclear you should have it reviewed. I can provide copies of the paperwork for review with your lawyer, and we can also make contracts “Subject to lawyer review and approval”.
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