Oakville Homes

November 25, 2012

Would you use Mattamy’s lawyer to save you money up front? Maybe lose big on the back end?

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If you were going to sue your lawyer, would you ask him/her to recommend a lawyer to you?  I doubt it but, it seems people use that type of thinking in setting up systems to protect themselves.  In a recent article by Bob Aaron of the Toronto Star, he tells a tale of someone buying a home.  They had asked for a house inspection and took the recommendation of the selling real estate agent on who to hire.  Their main concern was mould.  Needless to say, the house inspector did not find mould and it seems the real estate agent didn’t go over the house inspection report.  Even the buyer didn’t read the report.  The original court ruling was a split of the damages paid between the real estate agent, the house inspector and the buyer.  An appeal found the house inspector totally negligent and he had to pay.

A number of mistakes were made, including the glaring failure of the buyer not to read the report.  But, they should never have hired a house inspector that was recommended by the selling real estate agent.  The house inspector would want repeat business from the real estate agent so, his reporting credibility would be suspect to any normal person.

Hire a professional and accredited house inspector with good references.  References can also be found on local forums and blogs.  Just takes a few minutes of research.  A house inspector may not find everything, unless you hire one like Mike Holmes who gets to take apart homes to really check them out.  But, the more professional they are, the more likely they can recognize the signs of problems.

I don’t understand why people do things which do not protect themselves.  I should though, considering I let Mattamy do me in.

Here is a quote from Mattamy concerning lawyers from their Alberta operation.  Not sure if the new “Preserve” offers this suspected benefit?  I don’t think the Ontario Bar Association allows this potential flim-flam type of legal mumbo jumbo.

Q Do I need to obtain legal services?
A Mattamy recommends that you have the Agreement of Purchase and Sale reviewed within 5 days, prior to being binding, by a lawyer on your behalf. If you choose to use Mattamy’s solicitor for your closing, Mattamy will cover the legal closing costs once all conditions have been waived or satisfied. Any legal disbursements will be your responsibility.

Now, who would use the builder’s lawyer to assist you in closing the deal?  Where is the independent review of the closing in this matter?  Where is your protection?  Ask anyone who has had dealings with a builder – there are clauses in the contract that need to be adjusted or, you will be on the hook for a lot of money.  Those who closed in Milton with Mattamy had their lawyers review the purchase agreements and CHANGES HAD TO BE MADE.  Some lawyers didn’t follow through and I understand some people got stuck.

It is kind of like using the same lawyer for a divorce.  Who does that, except for those who are doing a mutually agreeable divorce.  Buying a house can lead to disagreements and you don’t want to have the builder’s lawyer tell you nothing can be done due to clauses in the contract – clauses he advised you to accept.

Be independent in the whole process. Hire those who will protect YOU.  Unless of course, you want to end up like I did.  Having my children put at risk due to Mattamy’s indifference to safety rules.  Mr. Gilgan wasn’t overly concerned that the then mayor of Oakville would do something.  But then, he did donate money to Wellspring.

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