Keith Marshall
prudential grand valley realty
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Blog Posts

Mud jacking Kitchener’s sidewalks will remove trip-lips

sidewalk trip lipThere are almost 2200 km of sidewalk in Kitchener Waterloo Cambridge altogether and now the cost of repairing the sidewalks will be increasing due to some new provincial legislation.

The provincial regulations, which were handed down about a year ago, intended to make it easier for wheelchairs and strollers to roll over sidewalks have led the City of Kitchener to inspect annually and repair within fourteen days, sidewalks where a trip hazards of two centimeters exists.

The sidewalks with “trip-lips” will be smoothed out with grinders, or asphalt ramps will be constructed. In more severe cases, shifted sidewalk panels will be raised through a process of mud jacking – pumping a cement mix under slab.

Every year, the cities of Kitchener Waterloo and Cambridge pay out thousands of dollars in compensation for broken bones, torn clothing and smashed glasses to people who have tripped on the region’s sidewalks

From 2001 two 2010 there were more than 300 lawsuits involving trip and fall claims on our region’s sidewalks. The total payout was close to $3 million.

The old gag, “Have a nice trip? See you next fall”, will soon be a thing of the past.

Disclosure of material facts – Suicide

gavelBuying a newly constructed or pre-construction home or condo from the builder or developer is not the same as buying a resale home. Builders and property developers (not to mention private sellers) are governed by completely different laws than realtors are. Realtors, in my opinion are held to a much higher standard, especially in disclosing material facts.

Here’s a recent question to the Ontario Real Estate Association (OREA):

Question: Is a builder obligated to disclose to a buyer that an intruder broke into a house and committed suicide just before the sale closed?

Ontario lawyer Bob Aaron’s says that under Ontario law, there is no obligation for a builder to disclose this fact. In the case of Aaron to Knight v. Dionne, the Quebec decision of 2003, the judge decided that a suicide can not be considered the kind of factor that is liable to affect the value of the building.

Barry Lebow, an appraiser and broker, opined that the seller likely does not have to disclose, but that if a Realtor is involved, he or she is required to disclose.

The prevalent legal advice is that although it may not be necessary for a builder or private seller to disclose such events, the buyer may feel that he or she was deceived and initiate a lawsuit. The buyer might even refer the matter to a builder’s licensing body such as Ontario’s Tarion.

However, if a Realtor is involved, it is a different situation, since our REBBA Code of Ethics requires disclosure of material facts. A death as described above can be considered a fact that requires disclosure since it “would affect a reasonable person’s decision to acquire or dispose of an interest in real estate.”

Although builders and private sellers are not bound by the Code as Realtors are, the best advice is: when in doubt, disclose.

Keith Marshall is a realtor with Prudential Grand Valley Realty, serving Kitchener, Waterloo and Cambridge. If you’re thinking of buying or selling your home, please give me a call. I aim to take the stress and mystery out of the home buying and selling process.

Real estate vocabulary you might need to know when buying or selling your Kitchener Waterloo home: Heritage property

HHeritage property is defined as land and structures identified as historically significant and worthy of protection for the inheritance of future generations. Provincial legislation typically sets out procedures for the identification and protection of heritage significant properties, including districts of special historical, architectural, or cultural value. Properties so identified are usually registered through local municipalities and/or provincial registry systems.

Identified heritage properties typically fall under guidelines concerning exterior modifications. Provincial legislation usually empowers appropriate government ministries/departments to acquire real and personal property in the preservation of heritage property.

Past vocabulary words:

A

B

C

D

E

F

G

Keith Marshall is a realtor with Prudential Grand Valley Realty, serving Kitchener, Waterloo and Cambridge. If you’re thinking of buying or selling your home, please give me a call. I aim to take the stress and mystery out of the home buying and selling process.

House full of snakes selling for well below estimated value (with video)

snakeWhen I lived in Taichung Taiwan, one day a friend of mine told me he had to move. He said he lived up in the mountains just east of town, and his house was getting shorter every year. It seems that his house was infested with termites and it had become unsafe.

Infestations are very serious business.

Chase Bank in the US is selling a house in Rexburg Idaho. It’s selling for only $66,000 – well below its estimated value of $175,000. The problem is it’s infested with thousands of snakes.

The snakes are not poisonous and are harmless to humans.

According to the pest inspector, there are thousands living in the house; there are hundreds of snakes sandwiched between the house and it’s exterior siding, and a multitude living in the crawlspace. According to Joe Collins, the director of the Center for North American Herpetology, it’s likely the house was built on a snake den site.

As for the potential buyer of his home, the agent is looking for a snake lover or perhaps someone with a mongoose.

Fortunately, we don’t have infestation problems in Kitchener Waterloo.

If you’re thinking of buying or selling a home, please give me a call; I aim to take the stress and mystery out of the process. And, for the record, I don’t like snakes.

Haggis, Zeke’s and Lowe’s last week on 365 things to do in Kitchener Waterloo

dream itLast week on 365 things to do in Kitchener Waterloo, started out the week by turning business card contacts into business relationships. What is it about the wintertime that wants us all to get closer, eh?

Next, the Kitchener Waterloo branch of the Royal Scottish Dance Society celebrated the birthday of legendary Scottish poet Robert Burns. We ate haggis and it was pretty good.

On Sunday, MPP Elizabeth Witmer sponsored a free family skating party at Waterloo Recreation Complex. There were cookies and hot chocolate. We’ve done a heck of a lot of skating this year.

Then, the second largest retail home improvement and appliance store –Lowe’s – opened on The Boardwalk. There were deals to be had.

We went out for lunch at Zeke’s Feed and Fuel Restaurant in Kitchener. The sandwiches were good, the soup was hot, and the dill pickle was fresh.

Last week the Titanic left town.

Around the offices of 365 things to do in Kitchener Waterloo, we huddled inside, by the pot-bellied stove, wearing our warmest sweaters and wool socks. A friend of mine messaged me that he was in Taipei, boarding a plane for Bangkok where it was 25 degrees. “That’s funny”, I said, “It’s minus 25 here”. That’s a 50-degree difference in temperature. Humans sure are adaptable (and crazy).

I’ve started my countdown till March 1st. If I can make it to March, I can make it till next Christmas. I just have to get through February. Must stay busy. You know March is the turn around month, the month with the impending glimmers of a nice warm spring. 33 days till March, come on.

That’s my update. I think I’m getting cabin fever.