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The Legal Perspective: Understanding the Impact of Mortgage Rates on Ontario’s Real Estate Market

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M. Wajahat Faizan
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January 9, 2025
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For homebuyers in Ontario, mortgage rates are a key factor in shaping purchasing power, affordability, and the ability to navigate the real estate market successfully. As real estate lawyers at Kormans LLP, we understand how these rates impact both legal considerations and financial commitments. Our goal is to help you grasp the complexities of mortgage rates and their implications, enabling you to make informed and confident decisions on your homebuying journey.

What Are Mortgage Rates and How Do They Work?

Mortgage rates represent the interest charged by lenders on funds borrowed to purchase a home, and they play a pivotal role in determining the overall cost of homeownership. These rates are typically categorized into two types: fixed rates, which remain constant throughout the loan term, offering stability and predictable monthly payments, and variable rates, which fluctuate based on market conditions, often starting lower but with the risk of future increases. In Ontario, mortgage rates are influenced by factors such as the Bank of Canada's benchmark rate, inflation trends, and global economic conditions. Prospective buyers must carefully evaluate these variables, as they directly impact affordability and long-term financial commitments.

  • Affordability: Mortgage rates directly impact a buyer’s monthly payments and overall affordability. For instance, a $500,000 mortgage with a 25-year amortization at a 3% interest rate results in monthly payments of approximately $2,370. However, if the rate rises to 5%, the payments increase to about $2,920—an additional $550 per month. This significant difference not only affects a buyer’s budgeting but also their ability to meet the terms of a purchase agreement. Buyers must secure sufficient financing to fulfill their closing obligations, as failure to do so can lead to legal penalties or the loss of deposits.
  • Impact on Home Prices: Higher rates typically cool the market by reducing demand, which can lead to price stabilization or even decreases. Conversely, lower rates stimulate demand and often drive prices upward. Buyers should carefully evaluate whether the current rate environment supports their long-term financial goals and whether the property they’re purchasing aligns with their investment strategy.
  • Loan Qualification and Stress Testing: Lenders apply a "stress test" to ensure borrowers can handle payments if rates rise. For instance, a buyer with a 4% mortgage rate must demonstrate the ability to pay at a higher qualifying rate, often 6.5% or more. This requirement may limit how much buyers can borrow, restricting their options in Ontario’s competitive market. Understanding this qualification process is crucial to avoid legal disputes related to financing conditions in purchase agreements.

Considerations for Homebuyers

  • Budgeting and Rate Risk Management: Choosing between a fixed or variable rate mortgage has long-term implications. Fixed rates offer stability, which is beneficial for buyers needing predictability to meet contractual commitments. Variable rates may save money in the short term but pose risks if rates rise. Legal advice can help assess the implications of each choice.
  • Stress Test Preparedness: Ensure your financing is robust enough to withstand rate hikes. Failing to qualify for financing at the required stress-tested rate can lead to legal challenges, such as the inability to close a transaction, resulting in forfeited deposits or breach of contract claims.
  • Down Payments and Savings: A larger down payment reduces reliance on high-rate financing, lowering overall costs. Additionally, maintaining a reserve fund ensures buyers can manage unforeseen expenses or rate increases without jeopardizing their legal obligations.

Mortgage rates play a crucial role in every real estate transaction, shaping both financial and legal obligations. Whether it’s meeting financing conditions, drafting agreements, or managing closing requirements, understanding their impact is key to a successful outcome.

Rising mortgage rates may seem challenging, but they also present opportunities with the right approach. At Kormans LLP, we focus on providing tailored legal advice to help you address the legal implications of financing issues that may arise during your real estate transaction. Let us support your goals every step of the way. Connect with us today at info@kormans.ca or (905) 270-6660 to discuss your real estate needs today.

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M. Wajahat Faizan
Associate Lawyer
mwfaizan@kormans.ca
About
M. Wajahat

Faizan’s academic background includes a Juris Doctor (J.D.), an LL.M. from Aberdeen Business School in Scotland, and an LL.B. (Hons.) from the University of London. He has also earned certifications in Construction Law and Public Policy from the prestigious Osgoode Hall Law School, showcasing his diverse expertise across multiple areas of law. After being called to the Ontario Bar in 2020, he gained experience in real estate, commercial, and immigration law at a boutique firm before joining Kormans LLP.

Specializing in a wide range of legal services, Faizan focuses on residential and commercial real estate transactions, financing, wills and estate planning, and contractual matters. His expertise also extends to Islamic wills and Sharia-compliant financing, where he offers culturally sensitive solutions tailored to the needs of diverse clients.

Faizan’s thought leadership is evident in his published articles on Islamic wills and Halal mortgages, which can be found on the Kormans website. His expertise extends beyond Islamic wills, with a deep understanding of real estate law showcased through writings on topics such as Tarion warranties, joint tenancy, and easements. These works highlight his broad knowledge of property law and commitment to providing clients with clear, informed guidance.

In addition to his contributions to real estate law, Faizan has made significant strides in immigration law. His representation before the board in the landmark case of Vilcassim v. Canada helped establish a crucial precedent in children’s rights within Canadian immigration law.

With a strong background in law, Faizan continues to teach as one of the pioneering professors in the Graduate Diploma in Immigration and Citizenship Law program at the prestigious Queen’s University, where he shares his practical experience and knowledge with future professionals.

His contributions to the legal field were recognized with the Queen Elizabeth II Platinum Jubilee Award Pin, honoring his dedication and service to immigration law. He is also the recipient of the King Charles III Coronation Medal, a prestigious award recognizing contributions to community and public service. This recognition was granted through a rigorous selection process led by the Mississauga Streetsville Community Leadership Association and the Canadian Heraldic Authority at the Chancellery of Honours, Rideau Hall.

Outside of his professional life, he enjoys travelling, has a passion for cricket, plays weekend squash and frequently participates in youth mentorship programs.

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