The Real Estate Insider is a bi-weekly real estate publication that is produced and distributed by The Manchisi Team Remax Legacy Realty for the Milton, Campbellville, Brookville, Acton, Rural, Halton Hills and surrounding areas. The Real Estate Insider covers industry news, updates and all the latest listings of homes in the area. Home Buyers and Sellers can get all the tips, advice and industry news they need as it relates to the sale or purchase of their home. The Real Estate Insider is distributed through Canada Post to over 35,000 homes …. and growing.
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Sellers and real estate agents will advertise the top-selling features of a home so as to attract the biggest number of buyers. But there’s a fine line between marketing hype and false advertising, so be careful what you say. If it turns out wrong later, you may have to pay for it. Here’s why: In September 2009, Hussain Al-Saffar bought a detached home on Salem Ave. in Toronto’s west end for $439,000. He bought it “as is” from a family who had owned it since 1967. The basement was not finished. Al-Saffar planned to renovate it, so he got the necessary permits and made extensive changes, including refinishing of the basement. A year later, he sold it to Clare Mauro and her mother, Anne Mauro, for $658,000. The MLS listing form said: “This house was gutted to the bare bones and has literally been rebuilt from scratch. Except for the four exterior walls, almost everything else is new. New insulation, framing, walls, floors, roof, electrical, plumbing.” A brochure given to people viewing the house said: “Fully insulated from basement floor walls all the way to attic. Basement designed as a comfortable entertainment centre and/or spacious home office. Gutted to the bare bones.” The Mauros did an inspection. The report indicated concerns about basement leaks. It said in part: “Cannot predict how often or badly crawl space or basement will leak” and that there were “efflorescence, stains dampness on the exposed foundation wall, and that these are typical conditions not out of the ordinary for a home that age.” It turned out that 99 per cent of the foundation wall was not visible, as is usually the case when homes are inspected. The report said that since the inspector could not see behind the walls, the buyers were encouraged to consult a contractor or engineer. The buyers smelled must and dampness almost immediately after closing. No investigation was done behind the drywall as they did not wish to do any unnecessary damage to the finishes. There was then a major flood one year after closing. Most of the costs incurred to repair the damage were covered by insurance. The cleanup crew discovered that the north foundation wall leaked water into the basement. They also found cracks in the mortar between the cinder blocks, including one crack that appeared to have been crudely plugged with a piece of wood to stop the flow of water. The buyers sued for the $8,659 cost to repair the leaky basement wall. They also claimed $1,000 in punitive damages, stating that the seller deliberately concealed the problem. They claimed the seller must have known about it if he gutted the basement to the bare bones. The seller said he had not seen any leaks and did not notice the piece of wood because he did not strip the basement walls to the cinder blocks, but rather just insulated and dry walled the area in front of the existing plaster. In a Toronto small claims court decision dated April 2, 2014, Deputy Judge Jack Prattas decided that even though the seller did not know that the problem existed with the basement walls, he was still responsible to pay. This is because he had carelessly said the property was gutted to the bare bones and the buyers relied on this when buying it. Prattas found that the buyers were misled into believing that they were getting a basement which did not have any hidden defect. However, the judge also found that the buyers, as a result of the warnings by the home inspector, should assume part of the risk, since they chose not to do any further inspections. He awarded the Mauros 50 per cent of the damages, or $4,329.50. No punitive damages were awarded. In my opinion, the buyers were fortunate: there was nothing in the contract itself that mentioned any warranty about how the home was constructed. The lesson for sellers is to make sure any statement about the home is true. The lesson for buyers is that when inspecting older homes, it is always a good idea to do further due diligence about water penetration issues, from the roof or the basement. In addition, if there is anything advertised about a home that is important to you, include it inside the real estate agreement before you sign it. Article Credit: Mark Weisleder. Mark Weisleder is a Toronto real estate lawyer. Contact him at: [email protected]WHAT’S INSIDE: Insider Information: PAGE 2 Oakville • Milton • Campbellville • Acton • Rural • Halton 7 Things to Know When Building a Deck, PAGE 7 How Landlords Can Avoid Bad Tenants, PAGE 7 YOUR SOURCE FOR REAL ESTATE INFORMATION Volume 35 Escarpment Manchisi Realty Ltd., Brokerage Independently Owned & Operated Not intended to solicit persons or properties currently under contractual agreement. Office: 905.875.4594 [email protected] • [email protected]www.facebook.com/Manchisiteam www.manchisiteam.com Sales Representative & Broker of Record 2014 2013
Transcript
Sellers and real estate agents will advertise the top-selling features of a home so as to attract the biggest number of buyers. But there’s a fine line between marketing hype and false advertising, so be careful what you say.
If it turns out wrong later, you may have to pay for it. Here’s why:
In September 2009, Hussain Al-Saffar bought a detached home on Salem Ave. in Toronto’s west end for $439,000. He bought it “as is” from a family who had owned it since 1967. The basement was not finished.
Al-Saffar planned to renovate it, so he got the necessary permits and made extensive changes, including refinishing of the basement. A year later, he sold it to Clare Mauro and her mother, Anne Mauro, for $658,000.
The MLS listing form said: “This house was gutted to the bare bones and has literally been rebuilt from scratch. Except for the four exterior walls, almost everything else is new. New insulation, framing, walls, floors, roof, electrical, plumbing.”
A brochure given to people viewing the house said: “Fully insulated from basement floor walls all the way to attic. Basement designed as a comfortable entertainment centre and/or spacious home office. Gutted to the bare bones.”The Mauros did an inspection. The report indicated concerns about basement leaks. It said in part: “Cannot predict how often or badly crawl space or basement will leak” and that there were “efflorescence, stains dampness on the exposed foundation wall, and that these are typical conditions not out of the ordinary for a home that age.”
It turned out that 99 per cent of the foundation wall was not visible, as is usually the case when homes are inspected.
The report said that since the inspector could not see behind the walls, the buyers were encouraged to consult a contractor or engineer.
The buyers smelled must and dampness almost immediately after closing. No investigation was done behind the drywall as they did not wish to do any unnecessary damage to the finishes. There was then a major flood one year after closing. Most of the costs incurred to repair the damage were covered by insurance.The cleanup crew discovered that the north foundation wall leaked water into
the basement. They also found cracks in the mortar between the cinder blocks, including one crack that appeared to have been crudely plugged with a piece of wood to stop the flow of water.
The buyers sued for the $8,659 cost to repair the leaky basement wall. They also claimed $1,000 in punitive damages, stating that the seller deliberately concealed the problem.
They claimed the seller must have known about it if he gutted the basement to the bare bones. The seller said he had not seen any leaks and did not notice the piece of wood because he did not strip the basement walls to the cinder blocks, but rather just insulated and dry walled the area in front of the existing plaster.
In a Toronto small claims court decision dated April 2, 2014, Deputy Judge Jack Prattas decided that even though the seller did not know that the problem existed with the basement walls, he was still responsible to pay. This is because he had carelessly said the property was gutted to the bare bones and the buyers relied on this when buying it.
Prattas found that the buyers were misled into believing that they were getting a basement which did not have any hidden defect. However, the judge also found that the buyers, as a result of the warnings by the home inspector, should assume part of the risk, since they chose not to do any further inspections.
He awarded the Mauros 50 per cent of the damages, or $4,329.50. No punitive damages were awarded.
In my opinion, the buyers were fortunate: there was nothing in the contract itself that mentioned any warranty about how the home was constructed.
The lesson for sellers is to make sure any statement about the home is true. The lesson for buyers is that when inspecting older homes, it is always a good idea to do further due diligence about water penetration issues, from the roof or the basement. In addition, if there is anything advertised about a home that is important to you, include it inside the real estate agreement before you sign it.
Article Credit: Mark Weisleder. Mark Weisleder is a Toronto real estate lawyer.Contact him at: [email protected]
Domenic Manchisi started his career in real estate in 1996. In addition to strengthening his experience, Domenic has dedicated himself to expand his skill set both personally and professionally which he has utilized to lead himself and his team to become the number one real estate team in Canada* and he was a top producer for RE/MAX in 2013. Domenic’s dedication to expand his knowledge has led him to pursue the following designations and certificates:
• Licensed Mortgage Agent• Brokers License• Real Estate Investment• IRES
Domenic has created a dominant presence as a real estate broker predominantly in the Halton Region. Domenic’s success is a result of his extensive experience in the real estate industry as well as the ability to understand the needs of his clients. His core understanding of the real estate industry has not only been recognized by clients but also by colleagues and industry leaders. Domenic has been invited as a guest speaker for Donald Trump’s Apprentice, Bill Rancic, has appeared with The Dragons Den Wealthy Barber, has participated in expert panels at the National Association of Realtors (NAR), has made the cover of several magazines and has won many awards across North America for the work he and his team have achieved.
Domenic currently lives in Milton with his wife and business partner, Jody Manchisi, and their two children.
*For Prudential Canada 2008-2011
Stability • Experience • Relationships
About Domenic Manchisi
Member of theCross Canadian Referral Network
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Not intended to solicit persons or properties currently under contractual agreement.
to get your home sold, call us now! Office: 905.875.4594Escarpment Manchisi Realty Ltd., BrokerageIndependently Owned & Operated
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FOR SA
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Gorgeous home located in a quiet village of Limehouse. Adjacent to the Bruce Trail. Situated on 1.39 Acres. This home is an Entertainers Dream! Pride of ownership. Main floor offers, living room, separate dinning room, and a family sized kitchen. Beautiful Crown moulding. Upper level offers 3 bedrooms, and a 5 piece bath. Finished lower level offers 2 recreational rooms a fireplace and a wet bar. Attic can be finished into a loft, electrical is finished and ceiling is framed for stairs. Located on a exquisite property with large deck, work shed and a small cabin with power. Beautifully landscaped property.
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Gorgeous custom built estate home located in a quiet cul-de-sac just outside Acton, very private 2 acre property, spacious home offers hardwood floors through out, large kitchen with built in appliances, breakfast area overlooking pool with walk out to deck, family room with double sided gas fire place, built in cabinets and sitting area with views of the pool. Main floor laundry with garage access, spacious bedrooms, master bedroom offers 6 piece ensuite with jacuzzi tub and separate shower. Over 150k in gorgeous landscaping.
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Volume 35FO
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Beautiful large family home located just outside Milton and minutes to Highway 401. 5 bedrooms, 6 bathrooms, 2 kitchen, 2 recreation rooms and 2 separate entrances to lower level – terrific in-law potential or your growing family. Large foyer with marble floors, main floor family room, separate dining room, gorgeous family size kitchen with views of the yard and pool. Furnace, roof, windows, pool pump, pool vacuum, liner, pool heater all under 5 years!! Finished lower level can be 2 separate units! Huge master bedroom with 4 piece bath with soaker tub and separate shower.
7750 Five Side Road ��������������������������������������������� $869,900
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Large family home – 5 level sidesplit with 4+1 bedrooms located on a desirable crescent in Timberlea backing onto trees! Main floor family room with gas fireplace and walkout to yard, eat-in kitchen overlooking family room offers quartz counters and stainless steel appliances. 4 great size bedrooms, finished lower levels with recreation room, 5th bedroom, games room and gym. Fully fenced yard with above ground pool, 4 car parking in driveway!
Absolutely gorgeous one of a kind completely renovated unit! No expenses spared! Top of the line quality finishes throughout. Open concept kitchen and living room – a terrific space for entertaining! Engineered hardwood throughout! Modern kitchen with centre island, stainless steel appliances overlooks the unit. Large windows makes this unit very bright! Master bedroom with walk-in closet and 4 piece ensuite.
Fantastic open concept semi on a quiet street, walking distance to schools and parks. Loaded with upgrades; new bamboo hardwood floors, double sided gas fireplace, painted in neutral tones, pot lights throughout, upgraded light fixtures and door handles. Spacious eat-in kitchen with walk out to fully fenced yard and deck. Cozy second floor with family room. Part finished lower level with large recreation room and 2 piece bath all required is ceiling. New roof (2014), new driveway (2014).
Charming raised bungalow on beautiful lot, minutes to Tottenham. Park setting with lots of trees and open fields. Large open concept ling space. Vaulted ceilings on main floor, updated hardwood flooring, main floor freshly painted, formal dining room, eat-in updated kitchen with newer counters and tiled back splash. Stainless steel appliances, breakfast bar, overlooking dining/room/family room with fireplace and walk out to terrace. Renovated 2 piece ensuite in master. Renovated lower level recreation room with walk out to backyard. In-law setup with separate entrance to 1 bed apartment.
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Location, location!! Beautiful open concept condo near Square One shopping centre, walk to transit, library, theatre and restaurants. Open concept design with gorgeous kitchen overlooking the living room and dinning room. Walkout to balcony, master bedroom with large walk-in closet! Insuite laundry, 1 parking space and 1 locker. Building amenities include, 24 hour concierge, virtual golf, outdoor barbecue, games room, party room, indoor pool and sauna.
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Page 5
Not intended to solicit persons or properties currently under contractual agreement.
to get your home sold, call us now! Office: 905.875.4594Escarpment Manchisi Realty Ltd., BrokerageIndependently Owned & Operated
SOLD
Beautifully completely renovated 3 bedroom unit, good size kitchen with stainless steel appliances, corian counters and breakfast bar overlooks the living room. Separate dining room overlooks living room. Large living room with huge windows allowing lots of light into the unit with walkout to oversized balcony. Good size bedrooms, ensuite laundry, renovated bath. All ready for you to move in!
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Great family home with living and dining room combination, pot lights and bay window. Large eat-in kitchen, with walk-out to deck and fully fenced yard. Inside entry to the garage.
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Terrific 3 bedroom end unit town home backing onto park, located on a quiet street. Tastefully decorated with new laminated flooring in living/dining room combination. Updated main bath, open concept main floor with walkout to deck from kitchen. Upstairs has 3 bedrooms and updated 4 piece bathroom. Finished recreation room in basement with large laundry room with storage. Inside entry to garage is an added plus, plenty of visitor parking. Most windows replaced 2014!
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Gorgeous unit in the heart of Mississauga. South west views from this modern corner unit. Very bright condo with large windows offering panoramic views of the city and lake. Excellent location to square one and Highway 403. Master bedroom offers a 4 piece ensuite and walk-in closet. Galley kitchen with stainless steel appliances.
Very well maintained home close to Highway 403, Erin Mills Mall and all amenities. Spacious home. Large eat-in kitchen with stainless steel appliances, separate dining room, large living room with fireplace. Main floor family room. 3rd level laundry room. Good size bedrooms, master bed with 4 piece ensuite. Update main bath. Finished recreation room with lookout windows – very bright and 4th bedroom!
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Page 7
Not intended to solicit persons or properties currently under contractual agreement.
to get your home sold, call us now! Office: 905.875.4594Escarpment Manchisi Realty Ltd., BrokerageIndependently Owned & Operated
With summer in full swing many homeowners turn their eye to a backyard deck. What better place to relax or have a barbecue and entertain their friends? But if you’re planning to build one yourself, be careful. If it isn’t done right, you may run into problems later when you try and sell your home.
Here are seven things to consider:
1. Do I need a building permit? Every community has its own rules, but typically, if your deck is more than two feet above the ground and roughly 10 by 10, you will need a building permit. In some places, if the deck is attached to your home, you always need a building permit. In my opinion, by getting a proper permit, it is easier to answer any questions about your deck when you sell your home later. This is because the City will do a proper inspection when your deck is completed to make sure that everything was built correctly.
2. What should I use to build it? David Power, president of The Deck Builders in Toronto, tells me that while the foundation of most decks is usually pressure-treated wood, the veneer and railings are usually cedar. David warns that if you decide to stain your cedar deck, you should pre-stain all six sides of the wood before you install it. In addition, make sure that there is at least a one-quarter inch gap between each piece of wood.
3. Does the deck’s size matter? Yes. Toronto planner Michael Goldberg says the square footage of a deck may count when determining whether your home complies with the zoning bylaws. For example, if the deck is at least four feet off the ground or the foundation is extended for construction of the deck, then it will count toward the square footage available for building. If the deck is too close to the lot line, it could also be a problem. If you make a mistake, you could be forced to remove all or part of your deck.
4. DIY vs. a pro: In my opinion, you should always use an expert. However, if you like doing these things yourself, beware that if the deck is not properly secured to your home, it could lead to water in the basement later. In addition, improper design and construction could lead to the deck rotting out and collapsing under the weight of people on it. If it happens, you will be liable for any injuries caused to guests who may be visiting your home.
5. Is deck design important? It is very important. Figure out in advance where your barbecue and furniture are going. If a hot tub is going in, make sure you leave enough space for this as well. Some owners prefer the hot tub close to their house so they can use it in the winter. Others prefer it in another area of the yard so that they can have more room to entertain on the deck.
6. Will I need guard rails? If the deck is more than two feet off the ground, you will likely need a guard rail that is at least three feet high. Once the deck is higher than six feet off the ground, it will require a 3 ½ foot high railing. In all cases, the openings in the guard rails cannot be larger than four inches so that no one falls through.
7. Should a deck be part of a home inspection? Yes. Professional home inspectors should be able to tell you whether the deck is deficient in any way and whether it may have to be replaced as a result of poor workmanship. When you are looking for a deck contractor, get references and look at examples of the work they have done elsewhere. Properly constructed decks should last for at least 20 years.
Article Credit: Mark Weisleder. Mark Weisleder is a Toronto real estate lawyer. Contact him at: [email protected]
Most residential tenants are long-term tenants who pay their rent on time and properly look after a landlord’s property. The trick is to do the proper research in advance so that you do not end up with the tenant from hell. Here are some tips:
1. On Kijiji, Viewit or gottarent.com, also state “we do background and credit checks.” You will receive a greater percentage of qualified tenants.2. Do a proper credit check using Equifax or TransUnion. The cost is approximately $20. Or join a group such as the Ontario Landlords Association
where after becoming a member, you can do a credit check for as low as $10, and use their supporting materials to assist you.3. Call all references, especially prior landlords. Remember that the current landlord may be lying just to get rid of them. Start with the previous
landlord.4. Check social media. Google the tenant to make sure the information checks out with their rental application. In addition, if you are concerned
about possible pets, check Facebook. If the tenant has a pet, there will likely be a picture of them with the pet on Facebook.5. In a face-to-face interview, there are signs that may indicate the tenant is not being truthful. This can include one or more of the following:
incomplete answers, not looking at you when they speak, changing the subject, fidgeting, dropping names of important people, or volunteering to do odd jobs for you.
6. Ask open-ended questions such as “Tell me about yourself” or “Why are you leaving your current apartment?” You will be surprised how much you can learn about someone with such simple questions.
7. Interview the tenant where they currently live. You will see first-hand how they treat someone else’s property. It is also hard to hide the smell of a pet, if you are concerned about that.
8. Give the tenant a deal. It should not be about charging the highest rent possible. When tenants think they overpaid, they will almost immediately start looking for another place to live. Give tenants a break and they will be happier and stay longer.
9. Give tenants incentives. Why not a $10 gift card if the rent is paid on time? Or a Christmas present, just to show that you appreciate your tenant. Treating a tenant with respect often results in the tenant not only paying the rent on time, but they will also take care of your property better.
10. Consider rent to own. In a rent to own, you give the tenant the option to buy your property at a set price two to three years from now. In this way, you can guarantee your profit if the tenant exercises the option and the tenant has extra motivation to look after the property even more carefully, since they may end up buying it later.
By doing the right research in advance and treating your tenants with respect, you can ensure that your real estate investment continues to increase in value.
Article Credit: Mark Weisleder. Mark Weisleder is a Toronto real estate lawyer. Contact him at: [email protected]
How Ontario LandlordsCan Avoid Bad Tenants
Volume 35
7 Thingsto Know When
Building a Backyard Deck
Page 8
Not intended to solicit persons or properties currently under contractual agreement.
