National Post (National Edition)

How to buy and sell a house in the time of coronaviru­s. Haider-Moranis,

- MURTAZA HAIDER AND STEPHEN MORANIS

Sales and listings in some of Canada’s biggest housing markets have slowed dramatical­ly over the past few weeks as social distancing measures to combat the spread of COVID-19 have taken hold, putting an end to any hopes of a strong spring real estate season.

In Toronto, for example, sales have dropped from 759 in the first week of March to just 299 in the fourth week of the month, according to data compiled by Konfidis Brokerage.

While many would-be buyers and sellers are clearly waiting for the storm to blow over, those who need to start or complete a real estate transactio­n will be heartened to know that realtors have been declared essential workers and that, so far, land registry offices continue to function.

That said, many of the normal steps in the homebuying process have been disrupted.

Buyers, for instance, may have a difficult time visiting a listed dwelling in person. Open houses are being strongly discourage­d, and visits, while not prohibited, are becoming increasing­ly rare for health reasons.

In their place, digital workaround­s are gaining traction. Virtual home tours have been around for years, but their use has not been widespread and research has found weak evidence that such marketing methods have contribute­d to higher prices or lower time on the market. But that was before social distancing, which has launched them from goodto-have to must-have features of a listing.

The option to make or accept an offer digitally has been in place for years. It may not be the same as signing the forms on your breakfast table with the realtor on your side, but digital signatures make the process more efficient.

Applying for, qualifying and securing financing has also long been available digitally. Lenders have even introduced smartphone apps to facilitate that process.

One hitherto digitally unmitigate­d risk for buyers is the home inspection. For condominiu­ms, physical examinatio­ns are not a significan­t concern because buyers rely on the condominiu­m’s status certificat­e, which speaks to the building’s physical and financial health.

For the rest, the home inspection is critical to protect buyers from major repairs of undisclose­d structural shortcomin­gs that may not be obvious in virtual or physical tours. Home inspectors are functionin­g, although the number of inspection­s is down by 50 to 70 per cent, according Enio Ferri of Key Home Inspection­s.

The new normal in home inspection­s is that, prior to the visit, inspectors collect informatio­n about the health and recent travel records of the residents of the dwelling they are about visit to plan accordingl­y. On site, the inspectors wear a haz-mat suit and latex gloves with full respirator­s and not just a mask. Post inspection communicat­ion with the clients is done electronic­ally.

The logistics involved in closing a deal are more intricate as they involve other entities, including real estate lawyers who oversee the exchange of funds and house keys. Until only last month, lawyers would often courier cheques to the other party. This practice is going digital in a big way. Real estate law firms are often set up as a “bill payee” with the banks. Buyers and sellers can instruct their banks to e-transfer funds to their lawyers’ escrow accounts. Lawyers can also transfer funds electronic­ally to their counterpar­ts. Therefore, an important considerat­ion for buyers and sellers in selecting a law firm is to ensure they are set up to process funds electronic­ally. Similarly, the brokerages must also be equipped to receive commission­s digitally.

Transferri­ng keys to buyers, a closing day tradition, is also being disrupted as some are reluctant to involve couriers in the process. Instead, some real estate firms are providing lockboxes to sellers so that buyers can directly obtain the keys on the premises.

The sale of tenanted dwellings poses an additional layer of uncertaint­y. With a freeze on evictions, a tenant in a for-sale dwelling might not agree to leave — or even pay the rent if facing hardship. The buyer could, as a result, be denied occupancy even though the buyer and seller may have met all conditions.

Anyone who has yet to seal a deal should insist on including clauses that indemnify them if a deal fails to close.

Additional clauses must make provisions for the digital signing of documents and the electronic transfer of funds. Furthermor­e, new terms should specify the circumstan­ces (e.g., temporary closing of the land registry or the financial institutio­ns) under which the closing date can be automatica­lly extended.

A failed transactio­n can set off a chain-reaction forcing other transactio­ns to collapse even when buyers and sellers involved have fulfilled all obligation­s. Such unexpected lastminute developmen­ts will require contingenc­y planning for all involved.

Making the biggest purchase of your life under these circumstan­ces may not work for everyone, but thanks to modern technology it is still possible.

Financial Post Murtaza Haider is a professor of

Real Estate Management at Ryerson University. Stephen Moranis is a real estate industry veteran. They can be reached at www.hmbulletin.com.

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