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Attempt to buy a house

A few month ago I had the opportunity to almost buy a condo stacked townhouse. Of course in order to get a peak read and understand what I was getting into, I had to sign agreement of purchase. Although I am always outraged by such practice, it seems it is common among north American way of doing contracts. The agent tried to be reassuring letting me know that it is by-law that one has 10 days to read, understand and bring to a lawyer the agreement and cancel it within those 10 days, pass this it is firm. Basically the purchase price was $305k with discount and all, price that was reported on the first page of that purchase agreement, but the following 40 pages were full of surprises.

The salesperson had failed to mention that the price on the front page was not the final one and that there were a great many extras not included in that figure.

The more I checked, the unhappier they became. I provided them with a long list of items classified as extras to be paid on closing in addition to the purchase price:

* The unit's proportionate share of the cost of installation of gas, hydro, sewers and water service and meters, to an unlimited amount.

* Any new taxes imposed on the unit by any level of government after the agreement was signed (think HST) – also an unlimited amount.

* The Tarion warranty enrolment fee of $502.

* An unlimited levy against the unit for parks or other municipal charges.

* Provincial sales tax on the appliances included with the unit.

* An extra $300 for the paperwork to hold the purchasers' deposits in trust.

* $150 to discharge the builder's construction financing and give clear title after closing.

* The builder's $52.50 transaction levy payable to the Law Society.

* $150 to subsidize the builder's legal fees.

* Interest on the balance of the purchase price from the day of final closing to the next banking day.

* The amount of any increase in municipal, education or transit development charges imposed between Oct. 10, 2008 and closing.

* An unlimited contribution to the builder's proportionate share of all costs associated with a development agreement entered into with the city.

The total cost of these extras could easily exceed $10,000 to $20,000. And since they are classified as extras or "adjustments," they are typically not eligible for mortgage financing. Not one of them was mentioned in the sales office.

To make the purchasers' cash flow even worse on closing, the offer requires that the purchasers prepay to the builder estimated property taxes for the year of closing and the year after – another $4,000 or $5,000 for taxes that won't even be assessed for at least a year.

Going to my lawyer to check the agreement I am told this is common practice and that no builders will want to amend any of this.

I have no problem at all with builders charging whatever they want for houses or condominium units, and for imposing any extra charges they see fit.

I have a serious problem with the total lack of disclosure of the charges in the sales office – a typical failure in many builder sales offices.

The better builders are open and transparent when it comes to disclosing extra charges in the sales offices. They are a credit to the profession and help support a positive public image for the home-building industry.

The rest of them are the ones who may force the government to step in and require full written disclosure of the total purchase price and all extras in a builder offer.