
Depending on the situation, any number of the following expenses
may apply to your purchase. Identifying some of these in the early
stages should help you budget accurately or negotiate wisely.
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GE Capital or C.M.H.C. Insurance
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Mortgage Company Application & Processing Fees
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Surveyor’s Certificate
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Building Siting or (Zoning) Certificate
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House or Condominium Unit Insurance
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Property Taxes
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Property taxes are an additional expense you will likely encounter
as part of the overall cost of purchasing a house. Your lawyer will
determine how the property taxes are paid depending
on when they are due.
For example, in the City of Regina all property taxes for the entire
year are normally due at the end of June, unless the property is
enrolled under TIPPS
(Tax Installment Payment Plan).
Whenever a house is sold, the seller is responsible for paying
property taxes until the possession date. This period covers the
days in the year the seller actually owned the house. Conversely,
the buyer is responsible for property taxes from the possession
date until December 31st.
With these dates in mind, your lawyer will "adjust" the
property taxes. This is a two-step process with two possible scenarios:
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If the possession date is prior to June 30th – The
buyer pays the property taxes for the entire year as they own
the house when taxes are due on June 30th. The seller
then "pays the buyer back" the amount the seller is
actually responsible for by giving a corresponding credit off
the purchase price of the house.
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If the possession date is after June 30th – The
seller pays the property taxes for the entire year as the seller
owns the house when taxes are due on June 30th. The
buyer then "pays the seller back" for the amount the
buyer is responsible by adding a corresponding amount on to
the purchase price of the house.
If the seller is on the TIPPS program with the City of Regina then
the tax adjustment is treated differently. The TIPPS program allows
homeowners the opportunity to pay property taxes in twelve equal,
monthly installments. TIPPS payments are made directly from your
bank account on the first business day of the month. If you sign
up for TIPPS, the property taxes are not due in full on June 30th.
To sign up for TIPPS, the buyer must pay the City of Regina all
property taxes owing from January 1st to the end of the
month preceding the start of the buyer’s first TIPPS payment. This
is done where the seller was not on the TIPPS program. The seller
would then reimburse the buyer for the amount of property taxes
the seller is responsible through a tax adjustment calculated by
your lawyer.
In this scenario, it is important to remember the seller will only
reimburse the buyer for the exact number of days the seller owned
the house. When the buyer pays the City of Regina the property taxes
owing up to that point in the year, it will be done on a monthly
basis.
Example:
Possession date: March 15th
Buyer’s first TIPPS payment due: April 1st
Buyer pays City of Regina property taxes from January 1st
to March 30th.
Seller reimburses buyer for property taxes from January 1st
to March 14th.
Buyer is responsible for property taxes from March 15th
to March 31st as part of the payment under #1.
If the seller was already on TIPPS and the buyer wanted to continue
with the program, then the buyer must purchase the TIPPS account
at the City of Regina in full from the seller. The buyer will later
be credited with the seller’s portion of taxes between January 1st
and the possession date.
By performing the tax adjustment in this way, it ensures the buyer
is responsible for the property taxes between the possession date
and the next scheduled TIPPS payment. The lawyers will perform these
calculations on behalf of the buyer and seller to make sure everyone
pays only their share of property taxes.
If the seller was on TIPPS but the buyer does not wish to continue
with the program, the City of Regina will require the buyer to immediately
pay all property taxes owing from the date of the last TIPPS payment
to December 31st. Here, the buyer will pay the seller
back for the days between the possession date and the end of the
month of the last TIPPS payment the seller made.
The TIPPS program is similar to making principal, interest and
tax payments through your mortgage company (also referred to as
P.I.T.), as both arrangements allow for payment of the property
taxes on a pro-rated monthly basis. Many buyers find the TIPPS program
easy to budget when buying a house as it avoids having to pay property
taxes in full on June 30th.
With P.I.T. payments, property taxes are collected as scheduled
under your mortgage over the course of 12 months. The mortgage company
then forwards this amount to the City of Regina on June 30th.
Therefore the amount of property taxes collected by your mortgage
company by June 30th depends on two things:
Depending on your possession date, you should discuss how best
to structure payment of your property taxes. In some cases, the
tax adjustment may mean having to unexpectedly come up with a large
sum of additional money at the end of June. We suggest putting aside
extra money ahead of time for potential tax adjustments.
The payment of property taxes is an important aspect of purchasing
a house. There are many ways of paying your property taxes. Your
mortgage lender will help you decide your options in this area.
How you intend on paying your property taxes will largely determine
how the lawyer calculates the tax adjustment.
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If you are not already familiar with this term, an owner selling
a house is referred to as a "vendor." Interest may have
to be paid by the buyer to the vendor if the vendor has not received
payment of the full purchase price, including all adjustments, by
the possession date.
The daily rate of interest calculated on any outstanding balance
owing to the vendor after the possession date is listed as a term
in the Offer to Purchase. The rate of interest paid in these circumstances
is a matter of negotiation between the buyer and seller. The buyer
usually offers to potentially pay interest to the vendor at a rate
similar to the going bank rate on mortgages.
For example:
Vendor’s Interest on Offer to Purchase: 7.0 %
Possession Date: June 10th
Amount Owing to Vendor as of June 10th: $78,455.29
Vendor receives his sale proceeds in full: June 18th,
eight days after the purchaser moved into the house.
In this situation, the purchaser would then pay the vendor:
.07 x 8 days x 78,455.29 = $120.37
365
The calculation works out to approximately $15.05 of interest per
day. This amount basically offsets the interest the vendor would
be paying each day on his or her own mortgage.
As your lawyer, we are responsible for calculating this interest,
if any, and collecting it from you directly. We will then forward
it to the vendor’s lawyer with the balance of funds needed to complete
the purchase price.
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Our office will determine if you have to pay this and, if so, in
what amount.
Once you move into your new home, you will be paying interest to
someone – either the vendor or the mortgage company. You will not
have to pay interest to both the vendor and the mortgage company
at the same time.
The day your lawyer is actually funded with your mortgage money
will be the day you are in a position to fully pay the vendor. As
soon as the vendor is paid the balance owing on the purchase price,
interest being paid to them will stop.
Because mortgage money was advanced to pay the vendor, interest
will then begin to run on your mortgage. This is standard.
For example:
Date Mortgage Money is received by lawyer: June 18th
Interest Adjustment Date: July 1st
Mortgage Amount Owing: $77,000
Mortgage Interest Rate: 7.25%
In this situation, interest to the mortgage company will begin
from the day the mortgage was funded until July 1st,
the interest adjustment date. This is the date the mortgage company
has chosen to officially start your mortgage and set your payment
schedule.
In this example, July 1st is called the "interest
adjustment date" because the mortgage company is collecting
daily interest accruing on $77,000 for thirteen days (June 18th
to July 1st ). This amount is easily calculated as follows:
.0725 x 13 days x 77,000 = $198.82 or, approximately
$15.29 of interest per day.
365
If you hold a chequing or savings account with the mortgage company
you have chosen, then the mortgage company will simply deduct $198.82
directly out of your bank account. If not, our office would then
be responsible for collecting this sum from you directly.
If you combine the two examples, you can see how interest is paid
after the possession date; first to the seller and then second,
to the mortgage company.
In short, the various dates involved with any transaction always
determine whether interest is payable by a purchaser to either the
vendor or the mortgage company at different stages of the transaction.
These calculations are performed on behalf of every buyer purchasing
a house and are a routine aspect of the service your lawyer provides.
Our office will always take the time to explain these interest expenses,
if any, with you in detail and personally answer any questions you
may have about them.
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If you are able to put down 25% or more toward the purchase price
of a house, you will avoid having to pay an insurance fee through
GE Capital or the Canada Mortgage and Housing Corporation. This
can potentially save you thousands of dollars in such fees. Unfortunately
the vast majority of home buyers cannot afford to do this.
When the amount of your own money down is between 5% and 25%, you
must pay GE Capital or C.M.H.C. a fee for mortgage insurance. As
you put down more of your own money, your insurance fee will be
less because you are essentially assuming more of the risk in purchasing
the house. Your mortgage lender will calculate this fee and submit
your application for a mortgage to the insurer for its approval.
Depending on the house, GE Capital or C.M.H.C. may inform the mortgage
company it wants to see an appraisal report. On the rare occasion
the house does not appraise to its liking, it will decline your
application for insurance and the mortgage company will suggest
you try locating a different house.
If the house is approved by the insurer, your mortgage company
will ask how you wish to pay the mortgage insurance fee. You either
pay this amount up front or add it on to the amount of your mortgage.
If at all possible, pay the mortgage insurance fee (or at least
a part of it) with your own funds as opposed to adding this sum
on to your mortgage as you will benefit from saved interest expenses.
The mortgage insurance fee will purchase an insurance policy designed
to protect the mortgage company. If you do not pay the mortgage
back, the mortgage company will not lose the money it gave you.
If this happens, the insurance coverage will pay the mortgage company
any remaining sum still owing on the mortgage. The insurer will
then attempt to sell the house to another buyer.
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These vary from one mortgage company to another. Inquire what fees
are associated with taking out a mortgage with your mortgage lender
as they can potentially add up. For example, you may have to pay
a separate fee which usually ranges between $165 and $235 to apply
for the GE Capital or C.M.H.C. mortgage insurance approval.
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The Surveyor’s Certificate, also known as a Real Property Report,
shows a drawing of the property and the precise location of all
buildings constructed upon the lot. This is not to be confused with
a "plot plan" or "lot sketch" although occasionally
these too will be acceptable to your mortgage company, depending
on the circumstances.
On each Surveyor’s Certificate there will be distances indicating
the length and width of the lot, dimensions of the house and any
other buildings or additions constructed on the lot as of the date
the property was surveyed. The document also notes specific reference
as to the distance each is from the edge of the property lines.
Real Property Reports now typically indicate where an underground
right-of-way or "easement" exists in favor of SaskTel,
SaskEnergy or the City of Regina. Once a certified land surveyor
licensed to practice in Saskatchewan completes the document, it
is signed and stamped with the surveyor’s seal. It is an official
document upon which you can rely as being accurate.
A quick look of the drawing will tell you and the mortgage company
whether the house was constructed entirely within the property lines
and whether you are allowed to dig up or construct in certain areas
on the property. This information is useful to any homeowner, especially
if you are planning on making changes to the property.
Your mortgage company wants this kind of information before it
gives you the mortgage money because it does not want potential
legal problems with a neighbor or public utility in the event it
eventually owns the property.
Producing a Surveyor’s Certificate or Real Property Report may
be a potential expense when buying a house. In almost every case,
your mortgage company will insist that you produce either one of
these documents in acceptable form before it will agree to give
you funding.
It is recommended that the offer be written subject to your review
of the Surveyor's Certificate or Real Property Report to ensure
that all structures are on your property and not encroaching on
basements.
If the vendor does not have one or it is not up to date, you may
wish to purchase a new one or order Title Insurance.
If you are going to obtain a new one, it should be reviewed before
you remove your conditions. Otherwise you may have bought a property
that has encroachments problems.
Many purchasers choose Title Insurance instead of purchasing a
new Real Property Report (Surveyor's Certificate) because Title
Insurance is less costly. However if they ever go through refinancing,
they will be required to purchase Title Insurance a second time.
For residential property, the cost of Title Insurance is approximately
$200. This special type of insurance is accepted by most mortgage
companies in lieu of ordering a new Real Property Report or if the
Surveyor’s Certificate is deemed unacceptable.
Title Insurance is beneficial because it covers the costs of fixing
any problems discovered later on with the property that would have
otherwise been discovered had a new survey been conducted. If you
purchase Title Insurance, you must do so before you take possession
of the property. As with any insurance, you cannot discover a problem
first and attempt to insure against it later.
There is no annual premium under a policy of Title Insurance as
there is with fire, theft and house insurance. Your Title Insurance
coverage will remain in effect for as long as you own the property.
It cannot be transferred to the next purchaser, or mortgage company.
You may want to check with your financial institution as to whether
they have any age restrictions on Surveyor's Certificates and whether
they will accept one with new improvements drawn on it in red ink.
If you purchase a house without a mortgage, then the decision to
obtain a Surveyor’s Certificate or Real Property Report is entirely
up to you. Give this decision some thought, even though it may mean
an extra expense. Having an up-to-date Real Property Report might
help you avoid future pitfalls.
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If the seller has pre-paid for the rental of a water heater past
the possession date, the seller has essentially paid to rent an
appliance they will no longer be using after the seller moves out.
The purchaser will usually agree to refund the seller that portion
of the contract that the seller overpaid if your lawyer is provided
a copy of the invoice so a proper adjustment can be made.
This item is typically dealt with once the seller arrives at the
lawyer’s office to sign the Transfer and other legal documentation,
and to review the file in full.
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This document is obtained from the City of Regina upon request
for a fee of about $54.
When a Building Siting or (Zoning) Certificate is ordered, you
require an up to date Surveyor's Certificate and the City of Regina
will issue a certificate as to whether your property complies with
all the zoning by-laws in your particular neighbourhood.
Whether or not one is obtained may depend on what area of the province
you live in. This document is quite often not available in the small
centres of Saskatchewan. For some unknown reason in Regina it is
very seldom obtained and in Saskatoon it's usually obtained.
If you want a Building Siting Certificate it should be obtained
prior to removing all conditions and should be a condition of your
offer to purchase.
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We recommend purchasing house or condominium unit insurance to
protect your financial net worth. For many people, the most important
investment they own is their home – purchasing this kind of insurance
is essential.
When you purchase a house with a mortgage, you must purchase a
homeowner’s policy of insurance that covers the property for losses
sustained as a result of fire, theft, vandalism or any number of
other unfortunate occurrences. The amount of insurance you need
depends on a number of factors that are best discussed with an insurance
agent. Generally, the cost of house or condominium unit insurance
is very reasonable.
Different insurance companies offer various kinds of packages covering
a number of potential losses at a range of prices. Your insurance
agent will likely discuss the kinds of problems you might experience
as a homeowner in different areas of Regina and advise you of the
cost to insure against them.
At minimum, you should insure the property in an amount equal to
the replacement value of your house and all contents. If you do
not, and if the house is completely destroyed, there may not be
enough insurance money to fully cover the costs of rebuilding and
re-furnishing your home.
Prior to funding, your mortgage company needs proof that you bought
house insurance sufficient to first repay the outstanding mortgage
balance in the event of a loss. Therefore, all insured parties,
including the mortgage company, must be named in the correct order.
If you are purchasing a condominium unit with a mortgage, your
mortgage company needs proof that the condominium complex is properly
insured under a specific type of policy coverage that your lawyer
will review with you in detail. Your insurance agent will advise
you of the special kind of insurance coverage you will need to cover
losses pertaining to your own individual unit.
Our office will request from your insurance agent a "binder
letter" indicating you have purchased a proper house insurance
policy, effective the date you are scheduled to take possession.
If you have purchased a condominium unit, we will request written
proof from the appropriate condominium corporation that the condominium
complex is properly insured as required by law.
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