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Printed From the Toronto Star
Lack of communication fuels buyers' frustrations

With new home sales in the GTA continuing to increase, the large volume of properties at various stages (pre-construction, under construction and occupied but still under warranty) has created a huge bulge in the system, presenting challenges to both builders and buyers.

I'd like to take this opportunity to put the current situation into perspective, while offering some consumer strategies for new home purchasers.

The new home market is well into the fourth year of a very strong recovery following an even longer and extremely deep trough through the early and mid '90s. But the sustained boom in new home sales has exposed the constraints within the industry. Our chronic shortage of skilled workers has been exacerbated by the phenomenal increase in demand. This has resulted in a proportional increase in complaints about workmanship and/or the length of time it takes to get after-sales service, as well as some delays in new home closings or condominium occupancies.

In reviewing the files we're finding some common issues, including a general lack of understanding as to how the consumer protection system works in the new home industry. We are also seeing poor communication on the part of both builders and the Ontario New Home Warranty Program.

Since ONHWP doesn't have a Toronto Star column, I will be devoting a number of articles in the coming months on how the program licenses builders, the extensive coverage available and an explanation of how the system works.

The underlying basis of a lot of the letters we receive at GTHBA is frustration on the part of purchasers who don't know where they stand because their builder is not communicating with them. Because of this, I have contacted all of our members encouraging them to set realistic closing dates, keep talking with buyers throughout the process and watch carefully to achieve balance between the competing demands of new construction and after-sales service.

There are a number of things you can do to mitigate potential problems. If you are a prospective homebuyer, do your homework. Research the builder. The ONHWP rating system is one way to do this but don't rely on it exclusively because it is limited to after-sales service within a defined period and the rating only reflects the end result of the complaint process.

A sure-fire way to check out your builder is to ask where the company has built before and visit that site. Ask around among the homeowners there. You will quickly find out whether buyers are satisfied.

And always have your agreement of purchase and sale reviewed by a lawyer before you sign it. If you are a buyer who is awaiting occupancy of your new home, do not put your current house up for sale or terminate your lease agreement prematurely. Your builder is obligated to provide you notice of a delay in closing, but you should be monitoring the progress of construction yourself. Keep your options open as long as possible. The rights and responsibilities of the builder and buyer with respect to delayed closings will also be the subject of a future Bricks and Sticks.

If you have already moved into your new home, please be as flexible as possible in granting your builder access to your house and rest assured that if you have legitimate warranty issues, they will ultimately be taken care of. The vast majority of new homes are closing on time with minimal service issues. And those are being rectified quickly. We're striving to ensure even better performance levels.


Sheldon Libfeld is president of the Greater Toronto Home Builders' Association. Fax 416-391-2118, e-mail GTHBA@newhomes.org

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