(NC) When it comes to buying a newly built home, real estate lawyers are an essential resource. They provide clients with support and important information about the Agreement of Purchase and Sale and their warranty rights and responsibilities before they sign on the dotted line.

Here are a few common questions that your real estate lawyer can answer with information specific to your buying experience.

1. Is my entire deposit protected? One of the first steps in buying a newly built home is figuring out how much you can put down as a deposit. Most buyers only focus on what they can afford, not how their deposit money is protected.

Like the warranty generally, there are limits to deposit protection in Ontario. Under the Condominium Act, the whole deposit must be held in trust or alternate security provided. So, your entire deposit is likely protected if the builder cannot complete the project and you do not receive your condo. Deposit protection for freehold homes does not have that trust provision. Rather, Tarion backstops repayment up to a maximum of $40,000.

2. Why is it taking so long to build my condo? Condominium projects can take a long time to build. Construction is a complicated business; it takes a great deal of skill, materials and time. One way to understand the anticipated timeline for completion is to carefully review the Addendum to your Agreement of Purchase and Sale with your real estate lawyer.

The occupancy date is the builder's first and best estimate for when your new residence will be ready for occupancy. With proper notice, this date can be moved by the builder. The outside occupancy date is the builder's estimate for completion if there are unwanted delays. This is a date the builder cannot move, and because it's a firm commitment, it is also usually set years into the future. The date will provide you with a good sense of how long the builder has given allocated to complete the project and avoid delayed compensation claims.

3. Are upgrades covered by my warranty?

Almost all new homes in Ontario are protected under warranty. But that warranty only covers what is contained in your Agreement of Purchase and Sale. Extras — such as upgrades that are not included in your contract — will not be covered under the warranty. What's more, anything agreed to on a handshake or verbal promise will not be protected. So, if you request additional items, work with your real estate lawyer to make sure everything is in writing.

Attention editors: This article is for distribution in Ontario only.

www.newscanada.com