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ZEIDMAN LAW OFFICES
200-215 Jardin Drive
Concord, ON L4K 1X5
Tel: (905) 669-7577
Fax: (905) 669-5525
e-mail: office@homeslawyer.com

Newly Built Homes

Substantial Completion

Final Inspection

You should phone the builder’s representative at least seven days before the scheduled closing date to arrange for a final inspection of the home before closing.  This inspection is extremely important.  You will be accompanied by a builder’s representative and allowed to examine the entire premises to ensure that the builder has completed their work according to the terms of your written agreement.  It is your responsibility alone to inspect the nature and quality of the builder’s work.  However, the builder will have a form to be filled in by both parties and delivered to the Ontario New Home Warranty Program (“ONHWP”) by the builder to indicate that the house has been substantially completed.  This form is the Certificate of Completion and Possession (“CCP”).

Recording Deficiencies

If you notice any deficiencies or unfinished work during your final inspection, you should have them written down on the CCP or a schedule to it.  You are entitled to note anything that does not meet your satisfaction.  Do not rush through the inspection, and make sure all deficiencies are noted. If a deficiency is not shown on the CCP or a schedule to it, the builder may later claim they have no obligation to fix it.  After your inspection, both you and the builder will sign the CCP, the builder will give you a copy, and the builder will send a copy to the ONHWP.  You will be required to close the transaction even though certain interior finishes may be incomplete on closing, and you will not be entitle to retain a holdback of the purchase price.  The builder’s obligation is to substantially complete the premises, and your warranty is under the ONHWP.

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