Second, it is common practice for sellers to hire the services of a listing agent. The listing agent has a code of ethics to which he or she is bound. He or she is also bound by the laws of the country and has a fiduciary duty to inform his or her client who is selling a property about the legal importance of full disclosure. It is also the listing agent’s responsibility to verify the accuracy of the information being given to the potential buyer. Not having an agent working on behalf of the seller may raise questions regarding the disclosure of water damage, mould problems, and other serious health and safety issues.
Buyers’ agents, in seeing that there is no listing agent to represent the seller, may find purchasing a FSBO a potential risk because there may not be any confirmation about the history of the property or the accuracy of what is disclosed. A buyer’s agent has a fiduciary duty to protect the client’s interests, and the seller of a FSBO may not be aware of his or her duty as an owner to disclose all information. So, if you are buying a recreational property for the first time, retain a buyer’s agent to ensure that your interests are protected at all times.
There are perhaps only two reasons for purchasing a FSBO. First, both parties can save on agents’ fees because there is no commission to be paid. This may influence both parties in coming to an agreed-to price, which may or may not be lower than fair market value. Second, a bidding war is unlikely to happen. Because the property is not listed on the MLS, the chances of people finding out about it (unless it is very well advertised) are reduced. Go to the following websites for more information regarding FSBOs:
• www.fsbo.ca
• www.homesellcanada.com
• www.forsalebyowner.com (US website)
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Types of Recreational Properties and Types of Ownership
There are many different types of recreational housing structures, and determining which is right for you will largely depend on your lifestyle, your budget, and how you would like to use your property. Recreational-home purchasers need to determine exactly what their needs and desires are, as there are many possibilities — for example, a chalet at a ski resort, a floating home on a lake, a log cabin in a forest, or a mobile or manufactured home in a new development. Each housing structure has its positive and negative qualities. You may not find something that meets all of your expectations; some compromises may become necessary.
Cottages and Summer Cabins
What do you want your cottage or summer cabin to be like? Would you like a small, cozy cottage that comfortably fits two people — or a big summer cabin that fits 12? You can find a rustic cabin with an outhouse and an old wood stove, or you can find one with large picture windows looking out onto the lake, with electricity, hot and cold running water, satellite tv, and all the comforts of a residential home.
When you are considering buying a property for seasonal use, you will need to factor in the costs and arrangements for security and maintenance during the off-season — for example, if it is only to be used during the summer. Ask your neighbours or those in a similar situation what type of arrangements they make. Perhaps your cottage is in a development that already provides year-round security guards patrolling the neighbourhood on a regular basis, and perhaps there is a cottage association that has a management company that will take care of your maintenance needs.
Floating Homes
A floating home is a special type of houseboat without a motor. If you are considering purchasing a floating home, it must be sold in conjunction with a water lot in order to qualify as real estate. Without an attachment to land, however, it remains simply a “boat,” which is considered a chattel — and agents are prohibited from selling chattels.
Most water lots are leased but some allow for private ownership, sometimes called “fee-simple ownership,” which means the owner has the right to control, use, and transfer the property. Water lots are usually divided into strata-titled units, and they are registered in the land registry office.
Many floating-home owners would say that aside from the sheer beauty of living on the water, the lack of yard work (such as mowing the lawn or trimming hedges) and the close ties that develop within the floating-home community are some of the benefits.
A problem you may find when considering buying a floating home is that many financial institutions are reluctant to give a mortgage for this style of housing because it is still perceived as unconventional. There are also monthly marina fees to consider, which help pay for dock maintenance and services such as sewage and water.
When considering purchasing a floating home, it is important to conduct due diligence as there may be issues that are different from purchasing a recreational home on land. Many floating homes are located in a floating-home community, such as one found in a marina. Most of these communities already have water and sewage connections established. There may also be covered parking lots included with the price, or a garage nearby where you can park your vehicle.
You may also want to consider the unique maintenance costs for your floating home. In some areas you may find it difficult or expensive to find someone with the specialized skills for dealing with floating-home maintenance, while in other areas the marina will offer the services of experienced carpenters, electricians, plumbers, and so on.
Typically, each marina has its own separate contract, terms, conditions, and/or lease agreement for you to sign. Take the time to read the fine print carefully. There are many complicated issues that you should be aware of, such as what types of amenities are included, the cost of association fees, available moorage, etc. Equally important are site development standards, spacing, resident access, water supply, sewage disposal, solid waste collection and disposal, rodent and insect control, electrical power, and general safety. There may also be restrictions for the type of floating home allowed in the marina, such as height, design, dimensions, and internal layout.
If you are considering building your own floating home, there are architectural standards to take into account. For example, floating homes need to be both fireproof and unsinkable, and in many communities they cannot exceed three storeys in height. Professional help is required as floating homes are an engineering specialty. You may need to contact the local chapter of the National Association of Marine Surveyors (nams), or the Professional Engineers Association of your province. You may also want to read the Canada Marine Act for more information.
Condominiums
If you buy a condominium, you will be governed by that property’s bylaws and regulations. Before you buy, read the minutes of the condominium’s strata council meetings, and find out the rules and regulations that the strata council has established.
When purchasing a condominium, be aware that some areas, such as Whistler, BC, have “unrestricted” and “restricted” classifications for condominiums. An unrestricted unit, also known as a “Phase One” condo, is generally found in the small, lodge-type buildings in the village. There are no restrictions on owner usage, but an organized rental program is available for those times when the owner is not using the unit. An example of an organized rental program is one in which the developer, management company, strata corporation, or group of owners has hired a property management company to look after the rental of the entire condominium’s units, handling bookings, cleaning, maintenance, and so on.
A restricted unit is also known as a “Phase Two” condo. These are studio and one- and two-bedroom apartment condominiums incorporated into a resort hotel. The owner is restricted to occupying the unit for 28 days in the winter and 28 days in the summer. Benefits of buying a Phase Two condo include revenue from renting your allotted time in the unit, a potential tax shelter, and access to various hotel services and facilities during one’s stay. This type of unit is best suited for the occasional visitor