What legal advice should you get before buying a home?

It is worth getting legal advice to make sure you know answers to legal questions

Speak to a lawyer before you sign. — Photo courtesy Vokan Taner/Hemera/thinkstock

Buying a house? Talk to a lawyer before you sign anything, including an offer to purchase, says the Canadian Bar Association.

Are there any liens or outside claims from unpaid debts for past work? Any outstanding judgments or municipal work orders? Have utilities been paid?

Does the property comply with all bylaws? For example, is the fence height legal? Is the parking area allowed by zoning? How will any easements and rights of way affect or limit my use of the property?

Are there any special zoning or other rules or restrictions that apply to this property? For example, is it in a heritage district? Can I put in a clothesline? Is an above-ground swimming pool allowed? Is the sump pump discharging according to local regulations?

Does the property have asbestos, UFFI, lead paint? If yes, what can I do about it?

Is the current owner leaving behind the appliances? The garden shed? The lighting fixtures? The curtains and blinds? Does the owner need to fix anything before the sale closes?

Can I rent out the basement? Can I have a tenant?

What does the condo’s status certificate tell me to expect?

What do the mortgage papers from the bank mean? Can I pay off, refinance, or sell early without paying a penalty? Will my interest rate change? When?

I am buying the property with someone else. What does it mean to be “tenants in common” or “joint tenants”?

Is the title free and clear? Is the survey acceptable? Should I get title insurance?

What costs should I expect (for example, adjustments, land transfer taxes, mortgage, property taxes, CMHC insurance).

It is important to speak to your lawyer before you sign anything, including an offer to purchase.