Embarking on the Pre-closing inspection
By Jayson Schwarz

Today we are going to address a small but incredibly important part of the process of buying that new home: the "Pre Closing 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 items for which the Program covers you are defects in the completion of your new home.

Most Agreements of Purchase and Sale stipulate that the deficiency list prepared as part of your final inspection is the only basis for repairs, with the exception of major items such as foundation cracks. What does this all mean?

When it is time to proceed with the "Pre Closing Inspection", you should know that if you don't list a problem, you may not be able to compel the builder to fix it. Therefore, it is critical you list everything!!! Here is a list of precautions that I believe will help you in making sure you are covered:

1. Insist on having enough time to do the inspection, and clear your schedule to ensure that you do have enough time;

2. Write everything down yourself... don't let the builder's rep take charge;

3. Don't rush!!! Do not let the builder's rep push you, and insist at moving at you own speed;

4. Write or mark down every flaw, no matter how small or insignificant it may seem;

5. Do not accept promises of repair during inspection if something is not right, mark it down;

6. Test every light, socket, tap, drain, toilet, every door, every lock, every window and every appliance; in short, everything that could be defective now or go wrong later;

7. Watch for stains on carpet, scratches on wood floors, cracks in paint or drywall, areas where the builder may have forgotten a second coat of paint, etc;

8. 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;

9. Don't forget the exterior roof, drains, bricks, mouldings, etc. Is there sod? Is grading complete? Is your driveway in? Mark it all down!!

10. Condominiums- go check out the common areaslobbies, garbage rooms, parking areas, lockers, pools, tennis courts, health clubs etc. Remember, you own part of the common areas, and if parts are incomplete or defective, get them on the list!

There is probably more, and while I do not warrant that this list is totally complete, I hope it helps to demonstrate the importance of a thorough "Pre Closing Inspection". Happy home hunting!!!

Jayson Schwarz is a senior partner with the firm Schwarz Gillen Barristers and Solicitors. He can be reached at (416) 486-2040.