I like to think not. I have many people worried and asking whether the Builder is going to take advantage of them; whether their home will be delivered on time, whether the quality will be as promised; whether the sales agent is truthful or whether they will be deceived later; what can go wrong?  The real answer is as follows.

When purchasing a new home the Purchaser and the Builder are really entering into a partnership, not in the legal sense but on a moral and common sense basis. Like life there may be  good and bad Purchasers and good and bad Builders, but on the whole, you have 2 distinct  entities coming together for the accomplishment of a common goal.  You the Purchaser want your home to be completed on time and in accordance with the standards represented. The Builder wants your home completed on time because he does not need the aggravation, wants to maintain his good relationship with you and every day that goes by he is losing money on interest and is worried about quality both as a matter of pride in workmanship and in order that you will refer him new customers.  

You Both Have the Same Goal, Quality Completion of your Home!!!!!

What can go wrong? Problems can arise over which the Builder has no control. Problems such as trades not showing up, showing up late, materials being delayed, shortage of critical experienced people, are all matters beyond the Builder’s ability to  simply wave a magic wand and repair. All of these items can and do cause delays,  delays that cost everyone.  Today, because of the large demand for homes, this lack of experienced people to work on the projects can beyond the delays, result in mistakes and poor workmanship. The Builder does not want this but he is caught between the time demands to deliver the home and the need to do it right. Not our problem the Purchaser says, but truly the common sense answer is to work with the Builder explaining deficiencies and work together to get them corrected. Generally speaking material quality and workmanship quality are high and the Builders care. So, what do I do . . . use your Tarion  inspections to deal with the difficulties, speak to your Builder rationally and respectfully and almost always the Builder will come forward front and centre to do the right thing.

What is the moral of today’s story? Work with your Builder not against him; recognise you have the same objectives, but continue to protect your rights and safeguard your position with your lawyer and through Tarion.

Jayson schwarz is a Toronto Real Estate Lawyer.

Good luck and happy home hunting!!!!!!!!!!!!!!!!!!!