The Pre-Delivery Inspection:
A small but important part of buying a new home

I arrived back from vacation and the first thing I saw was a fax from the editor demanding a new article ASAP. OK, I'm rested and ready to go, but there I was faced with the age-old question - what am I going to write about? This was the first time in many years that my wife and I chose to explore Canada, instead of travelling outside the country, and it was well worth it. Vancouver, Vancouver Island, Victoria, Nanaimo and Whistler are all magnificent. Our dollar may be down, but we must all realize that we live in a country blessed with some of the most magnificent natural vistas and wonderful people in the world. Our standard of living is among the highest and we have the opportunity to own a home and to either continue our roots or put down new ones contributing to the evolution of a great place to live!

Today we are going to address a small but incredibly important part of the process of buying that new home, the Pre-Delivery Inspection. As most of you know, included in the adjustments on the purchase of a new home or condo (but not a conversion) is the cost of your Ontario New Home Warranty Program enrolment. Among the things that you are covered for are defects in the completion of your new home. Most of the Agreements of Purchase and Sale make the deficiency list prepared as part of your final inspection the only basis for repairs, subject to the major items such as foundation cracks. What does this all mean?

When is it time to do the Pre-Delivery Inspection know that if you don't list it, you may not be able to compel the builder to fix it. What does this mean? Well, here is a minimum list of what I believe will help you in making sure you are covered:

1. Insist on having enough time to do the inspection and allow yourself enough time with no need to be anywhere else.
2. Don't rush but don't lallygag either! Do not let the builder's rep push you, insist at moving at your own speed.
3. Write or mark down everything, no matter how small or insignificant. Make sure that your Ontario New Home Warranty Program certificate says "see schedule attached" if you've written down enough so that it goes on to the next page and becomes a schedule.
4. Do not accept promises of repair during inspection - if something is not right mark it down.
5. Try every light, socket, tap, drain, toilet, every door, every lock, every window, every appliance, every thing that could be, or go wrong.
6. Watch for stains on the carpet, scratches on wood floors, cracks in paint or drywall, areas where they forgot a second coat of paint, etc.
7. Look for water stains or spots on concrete basement floors or walls and if you see them insist on knowing why and where they came from.
8. Don't forget the exterior - roof, drains, bricks, mouldings, etc.
9. Condominium -  go check out the common areas - lobbies, garbage rooms, parking areas, lockers, pools, tennis courts, health clubs etc. -  remember you own part of the common areas and if parts are incomplete, wrong or defective, get them on the list!

There is probably more, but this is all I can think of at the moment. I hope this helps in making you realize how important it is to do a thorough job on the Pre-Delivery Inspection.

 
For more informative articles, click on Legally Speaking on the left.   Jayson Schwarz is a senior partner with the firm Schwarz Gillen Barristers and Solicitors. He can be reached at (416) 486-2040.