Roles of the Major Players in Your Real Estate Transaction

Realtor

  • Keeps track of the latest properties offered on the Real Estate market - through the Multiple Listing Service (MLS) and others - which meet your requirements.
  • Investigates properties which appear to meet your requirements and arranges to view them with you.
  • Acts as agent for the seller if it is an MLS listed property - unless you agree to have them act as your agent. This is known as Buyer's Agency and means the Realtor is acting specifically and contractually in your best interest - even though the commission is usually still paid by the seller out of the proceeds of the sale.
  • Negotiates terms and conditions of your purchase with the agent for the seller (if not themselves) or with the seller directly. (if a private seller or their own listing)
  • Arranges to get information for you, or for certain conditions to be fulfilled, as agreed with you, such as; survey, appraisal (for mortgage purposes), and a home inspection report.
  • Coordinates closing with the Lawyer, Appraiser, Inspector, and Municipality, as needed.
Lawyer
 
 
  • Ensures arrangements are in place for funds to be available for closing.
  • Ensures all legal requirements of the transaction are fulfilled - Compliance Letter that no outstanding liens or work orders are in effect; Tax Department's release that property taxes are up to date, determines that the current or proposed occupancy usage conforms to local by-laws, etc.
  • Coordinates with lenders the setup of legal documents for any mortgage security.
  • Ensures that all mortgage terms and conditions are met, and that title is clear in order to make undertakings to lender(s). May obtain title insurance on the buyer's behalf if there is any issue surrounding title that may cause a claim or work order of some kind in the future.
  • Arranges with you the signing of legal documents and submission of remaining funds not provided by the Mortgage Lender(s).
  • Coordinates closing of the purchase transaction with the lawyer(s) for the seller of the property and the lawyer(s) for the lender(s). Your lawyer is in most cases appointed to act on the lender's behalf.
Mortgage Lender
 
  • Arranges for the funding of a real estate purchase which conforms to their lending criteria. These have been set in conformance with their legally regulated role.
  • Arranges for an Appraiser to inspect and evaluate your property.
  • Communicates with you and your lawyer to ensure that the value and all their lending criteria and specific conditions for the loan have met to an acceptable degree before providing funds.
Appraiser
 
  • A legally accredited valuator who inspects, and issues a report to the party who engages them which, with certain conditions:
    • certifies for legal purposes that the price paid by a purchaser reflects the true market value of the property.
    • ascertains on behalf of the lender that the property value supports the mortgage amount requested.
    • provides a purchaser a second opinion relative to their Realtor's assertion as to the value of the market property (to be) purchased.
Home Inspector
 
 
  • An individual, not requiring Provincial licensing in most cases, who inspects a property on behalf of a purchaser (usually as a condition of a purchase agreement), to:
    • identify the soundness of the structure and any improvements.
    • note any specific deficiencies and their impact on the value of the property.
    • indicate the approximate cost to correct any identified deficiencies.
  • Their final product is referred to as a Home Inspection Report
Builder's Representative
 
  • A sales representative employed by a Builder to arrange the sale of new homes to the buying public. Although they are governed by regular consumer law, their duty is to the builder...they are in fact the Seller's Agent.
Provides information to buyers on house models, lots, costs of purchasing, municipal procedures and requirements, New Home Warranty programs, and all other related features of the property.