Is `positive energy' a requisite for homebuyers?
February 19, 2010
Mark Weisleder
SPECIAL TO THE STAR
Energy efficiency. Green energy. R-2000 and LEED homes. These are just some of the phrases used to describe the advantages of homes or condominiums that are environmentally friendly. How about "positive energy?"
Since writing about the importance of the home inspection condition in every resale home purchase, I have received a variety of responses from readers. In one case, a buyer was not satisfied after finding out from a feng shui master who inspected the home that the home contained too much "negative energy," based on feng shui principles, and the home would be "unlucky" for the buyers. The seller asked whether this was a legitimate reason for a buyer to refuse to complete the transaction.
In another case, the buyer had a religious adviser check the home for "evil spirits" before determining the home was satisfactory.
Does a buyer have to tell the seller the actual reason why they were not satisfied with the result of their home inspection report?
Who determines whether a home inspection company is qualified or not?
I do not profess to be an authority on the study of feng shui but understand that it is based on the principles of finding harmony and balance in the layout that can lead to a healthier environment. It matters on which wall you hang your mirrors, the colours you choose and how your furniture is positioned. Aquariums set in just the right place can attract wealth.
Some real estate salespeople have advised me they have received a list of items to look for in a home from buyers in advance related to feng shui and are told not to show homes to them that violate these principles. The point is that for many buyers, this does matter to them.
One of the difficulties with this issue is that when a buyer refuses to waive his or her home inspection condition and the home is put back on the market, there is a suspicion by other buyers that perhaps something is physically wrong with the home that was not disclosed.
This could create an unwanted stigma preventing other potential buyers from making an offer.
Most home inspection conditions state the property must be inspected by a qualified home inspection firm. There is, however, no real government regulation of the home inspection industry or definition as to who is qualified.
The industry is largely self-regulated, through the Canadian Association of Home & Property Inspectors and in Ontario, by the Ontario Association of Home Inspectors, where qualified members are given the title of RHI, or Registered Home Inspector.
In my view, a lot will depend on the actual wording of the home inspection condition itself, so this must be reviewed in detail with your real estate salesperson or lawyer before you sign any agreement. If you want to know the reason why the buyer is not satisfied, then you need to insert into the condition that the buyer will provide the seller with a copy of the report. If you want to make it clear the inspection only relates to the physical structure of the home, then you must say so.
For buyers, if feng shui is important to you, I recommend you educate your real estate salesperson before you search for homes so you only look at homes that meet this criterion.
Sellers may also wish to consult with a designer or home stager familiar with these same principles before putting their home up for sale, especially if they expect a class of buyer to whom this applies.
In Canada, we should celebrate the fact we have so many people from different cultures who live together in peace and harmony.
Mark Weisleder is a lawyer, author and public speaker for the real estate industry who is a regular contributor to Real Estate News. Visit him online at
markweisleder.com.
Toronto Star