Expert Advice: Homebuyer beware
By Michelle Warren • Bankrate.com

Once they have the keys, clients should run the dishwasher, washing machine and fire up the furnace right away: Most contracts have a clause that chattels, appliances and other amenities be "in good working order on closing."

Timing is crucial. Your furnace is guaranteed to work on closing, but not two days later. "Ultimately it's your responsibility," says Feld. "Focus on the home for one hour and it could save you thousands of dollars."

John Zinati, Zinati Kay - Real Estate Lawyers, Toronto
If there is a problem, Zinati advises buyers to contact their real estate lawyer right away. "The longer the time between your closing and notification, the harder it is to make a claim."

If the problem falls outside the "good working order" clause, your lawyer will assess whether you have a chance against the seller. One of the first things to determine is how much the problem will cost to fix. If it's a few hundred dollars it might not be worth the hassle.

"We'll start by sending a letter to the other side," says Zinati. "Ultimately we may refer (the buyer) to a litigation lawyer."

But Zinati, who has been a real estate lawyer for 15 years, concurs that buyers rarely come out on top. Yes, vendors have a duty to disclose latent defects, but it's hard to prove who knew what when. "If the vendor doesn't know, it's hard to hold him responsible."

It's also difficult to put the blame on a home inspector. "Do your homework on inspectors and read the inspection contract; it very often excludes liability," says Zinati, adding this doesn't mean people should skip the home inspection -- it's a crucial part of the decision-making process.

But remember, most inspectors are generalists, not specialists. If you're concerned about something specific, such as electrical, bring in an expert for a second opinion and peace of mind.

And there are always details a home inspection won't uncover -- an empty house might reveal mouldy closets, something the inspector might not notice if closets were previously jam-packed with boxes and clothes.

"With resale homes you don't get a warrantee or a guarantee," says Zinati.

No home is in perfect condition. All elements -- the roof, furnace, windows and appliances -- have different lifespans and will require replacing at one time or another. Ideally, nobody wants to take on these issues (or the expense) right after closing, but sometimes that's simply the way it works out.

Michelle Warren is a freelance writer in Toronto.