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Home Buyer Information
Buying a home can be one of your most significant
investments in life. Not only are you choosing your
dwelling place, and the place in which you will
bring up your family, you are most likely investing
a large portion of your assets into this venture.
The more prepared you are at the outset, the less
overwhelming and chaotic the buying process will be.
The goal of this page is to provide you with
detailed information to assist you in making an
intelligent and informed decision. Remember, if you
have any questions about the process, I'm only a
phone call or email away!
Benefits of Owning Your Own Home
• The Best Investment
• Income Tax Savings
• Stable Monthly Housing Costs
• Forced Savings
• Freedom and Individuality
• More Space
Important Things To Avoid Before Buying a Home
• Don't Move Money Around
• The Effect of Changing Jobs
• No Major Purchases of Any Kind
Don't Buy a Car - or Did You Already Buy One?
• When Income Grows and You Want to
Buy "Stuff"
• Debt-to-Income Ratios and
Car Payments
• How Buying a Car Reduces
Your Purchase Price
The Business Cycle and Buying a Home
• Recession and Expansion
• Supply and Demand
• Should You Try to "Time the
Market"?
Comparable Sales and Your Offer Price
• Determining Your Offer Price
• Comparable Sales in the
Public Record
• Comparable Sales in the
Multiple Listing Service
• Comparable Sales - Pending
Transactions
• Other Factors Influencing
Your Offer Price
Major Factors Influencing your Offer Price
• How Property Condition
Affects Your Offer
• How Home Improvements
Affect Your Offer
• How Market Conditions
Affect Your Offer
• How Seller Motivation
Affects Your Offer
• The Final Decision on Your
Offer Price
Offering to Purchase Real Estate- the Basics
• Introduction and Overview
• Contingencies in a Purchase
Offer
• Earnest Money Deposit
• The Closing Date
• Transfer of Possession
Writing an Offer - Safeguards Regarding the
Property
• Disclosures From the Seller
• Condition of the Property
Upon Transfer
• Inspections You Should
Require
• Final Walk-Through
Inspection
How Financing Details Affect Your Offer
• Down Payment
• Interest Rates
• Closing Costs and Financing
Incentives
• Seller Financing
• Cash Offers
• Other Financing Details in
Your Offer
How FHA and VA Financing Affects Your Offer
• Extra Costs for the Seller
• VA and FHA Appraisals
Selecting Service Providers
• You and the Seller
Must Agree
• Escrow and Settlement
• Title Insurance
• Termite and Pest Inspection
The Best Investment
As a fairly general rule, homes appreciate about
five percent a year. Some years will be more, some
less. The figure will vary from neighborhood to
neighborhood, and region to region.
Five percent may not seem like that much at first.
Stocks (at times) appreciate much more, and you
could earn over six percent with the safest
investment of all, treasury bonds.
But take a second look…
Presumably, if you bought a $200,000 house, you did
not pay cash for the home. You got a mortgage, too.
Suppose you put as much as twenty percent down –
that would be an investment of $40,000.
At an appreciation rate of 5% annually, a
$200,000 home would increase in value $10,000 during
the first year. That means you earned $10,000 with
an investment of $40,000. Your annual "return on
investment" would be a whopping twenty-five percent.
Of course, you are making mortgage payments and
paying property taxes, along with a couple of other
costs. However, since the interest on your mortgage
and your property taxes are both tax deductible, the
government is essentially subsidizing your home
purchase.
Your rate of return when buying a home is higher
than most any other investment you could make.
If you are moving to a home for the first time, you
are going to be very pleased with all the new space
you have available. You may have to even buy more
"stuff."
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Income Tax Savings
Because of income tax deductions, the government is
basically subsidizing your purchase of a home. All
of the interest and property taxes you pay in a
given year can be deducted from your gross income to
reduce your taxable income.
For example, assume your initial loan balance is
$150,000 with an interest rate of eight percent.
During the first year you would pay $9969.27 in
interest. If your first payment is January 1st, your
taxable income would be almost $10,000 less – due to
the IRS interest rate deduction.
Property taxes are deductible, too. Whatever
property taxes you pay in a given year may also be
deducted from your gross income, lowering your tax
obligation.
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Stable Monthly Housing
Costs
When you rent a place to live, you can certainly
expect your rent to increase each year – or even
more often. If you get a fixed rate mortgage when
you buy a home, you have the same monthly payment
amount for thirty years. Even if you get an
adjustable rate mortgage, your payment will stay
within a certain range for the entire life of the
mortgage – and interest rates aren’t as volatile now
as they were in the late seventies and early
eighties.
Imagine how much rent might be ten, fifteen, or even
thirty years from now? Which makes more sense?
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Forced Savings
Some people are just lousy at saving money, and a
house is an automatic savings account. You
accumulate savings in two ways. Every month, a
portion of your payment goes toward the principal.
Admittedly, in the early years of the mortgage, this
is not much. Over time, however, it accelerates.
Second, your home appreciates. Average appreciation
on a home is approximately five percent, though it
will vary from year to year, and in some years may
even depreciate.. Over time, history has shown that
owning a home is one of the very best financial
investments.
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Freedom & Individuality
When you rent, you are normally limited on what you
can do to improve your home. You have to get
permission to make certain types of improvements.
Nor does it make sense to spend thousand of dollars
painting, putting in carpet, tile or window
coverings when the main person who benefits is the
landlord and not you.
Since your landlord wants to keep his expenses to
a minimum, he or she will probably not be spending
much to improve the place, either.
When you own a home, however, you can do pretty
much whatever you want. You get the benefits of any
improvements you make, plus you get to live in an
environment you have created, not some faceless
landlord.
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More Space
Both indoors and outdoors, you will probably have
more space if you own your own home. Even moving to
a condominium from an apartment, you are likely to
find you have much more room available – your own
laundry and storage area, and bigger rooms.
Apartment complexes are more interested in creating
the maximum number of income-producing units than
they are in creating space for each of the tenants.
If you are moving to a home for the first time,
you are going to be very pleased with all the new
space you have available. You may have to even buy
more "stuff."
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Other Things to
Avoid Before Purchasing a Home
Don’t Move Money Around
When a lender reviews your loan package for
approval, one of the things they are concerned about
is the source of funds for your down payment and
closing costs. Most likely, you will be asked to
provide statements for the last two or three months
on any of your liquid assets. This includes checking
accounts, savings accounts, money market funds,
certificates of deposit, stock statements, mutual
funds, and even your company 401K and retirement
accounts. If you have been moving money between
accounts during that time, there may be large
deposits and withdrawals in some of them.
The mortgage underwriter (the person who actually
approves your loan) will probably require a complete
paper trail of all the withdrawals and deposits. You
may be required to produce cancelled checks, deposit
receipts, and other seemingly inconsequential data,
which could get quite tedious.
Perhaps you become exasperated at your lender, but
they are only doing their job correctly. To ensure
quality control and eliminate potential fraud, it is
a requirement on most loans to completely document
the source of all funds. Moving your money around,
even if you are consolidating your funds to make it
"easier," could make it more difficult for the
lender to properly document.
So leave your money where it is until you talk to a
loan officer.
Oh…don’t change banks, either.
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The Effect of Changing
Jobs
For most people, changing employers will not really
affect your ability to qualify for a mortgage loan,
especially if you are going to be earning more
money. For some homebuyers, however, the effects of
changing jobs can be disastrous to your loan
application.
How Changing Jobs Affects Buying a Home
Salaried Employees
If you are a salaried employee who does not earn
additional income from commissions, bonuses, or
over-time, switching employers should not create a
problem. Just make sure to remain in the same line
of work. Hopefully, you will be earning a higher
salary, which will help you better qualify for a
mortgage.
Hourly Employees
If your income is based on hourly wages and you work
a straight forty hours a week without over-time,
changing jobs should not create any problems.
Commissioned Employees
If a substantial portion of your income is derived
from commissions, you should not change jobs before
buying a home. This has to do with how mortgage
lenders calculate your income. They average your
commissions over the last two years.
Changing employers creates an uncertainty about
your future earnings from commissions. There is no
track record from which to produce an average. Even
if you are selling the same type of product with
essentially the same commission structure, the
underwriter cannot be certain that past earnings
will accurately reflect future earnings.
Changing jobs would negatively impact your
ability to buy a home.
Bonuses
If a substantial portion of your income on the new
job will come from bonuses, you may want to consider
delaying an employment change. Mortgage lenders will
rarely consider future bonuses as income unless you
have been on the same job for two years and have a
track record of receiving those bonuses. Then they
will average your bonuses over the last two years in
calculating your income.
Changing employers means that you do not have the
two-year track record necessary to count bonuses as
income.
Part-Time Employees
If you earn an hourly income but rarely work forty
hours a week, you should not change jobs. There
would be no way to tell how many hours you will work
each week on the new job, so no way to accurately
calculate your income. If you remain on the old job,
the lender can just average your earnings.
Over-Time
Since all employers award overtime hours
differently, your overtime income cannot be
determined if you change jobs. If you stay on your
present job, your lender will give you credit for
overtime income. They will determine your overtime
earnings over the last two years, then calculate a
monthly average.
Self-Employment
If you are considering a change to self-employment
before buying a new home, don’t do it. Buy the home
first.
Lenders like to see a two-year track record of
self-employment income when approving a loan. Plus,
self-employed individuals tend to include a lot of
expenses on the Schedule C of their tax returns,
especially in the early years of self-employment.
While this minimizes your tax obligation to the IRS,
it also minimizes your income to qualify for a home
loan.
If you are considering changing your business from a
sole proprietorship to a partnership or corporation,
you should also delay that until you purchase your
new home.
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No Major Purchase of Any
Kind
Review the article title "Don’t Buy a Car," and
apply it to any major purchase that would create
debt of any kind. This includes furniture,
appliances, electronic equipment, jewelry,
vacations, expensive weddings…
…and automobiles, of course.
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Don't Buy a Car
When an individual’s income starts growing and they
manage to set aside some savings, they commonly
experience what may be considered an innate instinct
of modern civilized mankind.
The desire to spend money.
Since North Americans have a special love affair
with the automobile, this becomes a high priority
item on the shopping list. Later, other things will
be added and one of those will probably be a house.
However, by the time home ownership has become more
than a distant and hopeful dream, you may have
already bought the car.
It happens all the time, sometimes just before
you contact a lender to get pre-qualified for a
mortgage.
As part of the interview, you may tell the loan
officer your price target. He will ask about your
income, your savings and your debts, then give you
his opinion. "If only you didn’t have this car
payment," he might begin, "you would certainly
qualify for a home loan to buy that house."
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Debt-to-Income
Ratios and Car Payments
When determining your ability to qualify for a
mortgage, a lender looks at what is called your
"debt-to-income" ratio. A debt-to-income ratio is
the percentage of your gross monthly income (before
taxes) that you spend on debt. This will include
your monthly housing costs, including principal,
interest, taxes, insurance, and homeowner’s
association fees, if any. It will also include your
monthly consumer debt, including credit cards,
student loans, installment debt, and….
…car payments.
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How a New Car Payment
Reduces Your Purchase Price
Suppose you earn $5000 a month and you have a car
payment of $400. At current interest rates
(approximately 8% on a thirty-year fixed rate loan),
you would qualify for approximately $55,000 less
than if you did not have the car payment.
Even if you feel you can afford the car payment,
mortgage companies approve your mortgage based on
their guidelines, not yours. Do not get discouraged,
however. You should still take the time to get
pre-qualified by a lender.
However, if you have not already bought a car,
remember one thing. Whenever the thought of buying a
car enters your mind, think ahead. Think about
buying a home first. Buying a home is a much more
important purchase when considering your future
financial well being.
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Recession and
Expansion
There are times when the economy is brisk and
everyone feels confident about his or her prospects
for the future. As a result, they spend money.
People eat out more, buy new cars, and….
…they buy new homes.
Then, for one reason or another, the economy
slows down. Companies lay off employees and
consumers are more careful about where they spend
money, perhaps saving more than usual. As a result,
the economy decelerates even further. If it slows
enough, we have a recession.
During such a time, fewer people are buying
homes. Even so, some homeowners find themselves in a
situation where they must sell. Families grow beyond
the capacity of the home, employees get relocated,
and some may even find themselves unable to make
their mortgage payment - perhaps because of a layoff
in the family.
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Supply and Demand
When the supply of available houses is greater than
the supply of buyers, appreciation may slow and
prices may even fall, as happened in the early
eighties and the early to mid-nineties.
If you are lucky enough to purchase a home during
a slow period, you can be reasonably certain the
economy will begin to show strength again. At times,
real estate values may even surge drastically. In
many regions of the country, this is precisely what
occurred in the late eighties and nineties.
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Should You Try to
"Time the Market"?
One problem with attempting to time your purchase to
the business cycle is that no one can accurately
predict the future. Another challenge is that
interest rates are generally higher during a
depressed market and income may not be keeping up.
For that reason, fewer people can qualify for a home
purchase than in more prosperous times.
Why You Should Not Wait
Plus, this strategy generally works best for
first-time buyers. People who already have a home
usually need to sell it in order to buy their next
one. If a "move-up" buyer wants to buy a home during
a depressed market, that means they usually have to
sell one during the slow market, too. If a seller
wants to sell his home to take advantage of a "hot"
market when prices are fairly high, they generally
have to buy their next home during that same hot
market. It tends to equal out.
Finally, the business cycle can change over time.
Since 1983, we have had two fairly long expansions
with only a slight recession in between each. You
would not want to wait nine years to buy a home,
would you? You could miss out on a substantial
amount of appreciation by waiting, and end up paying
much higher prices.
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Determining Your
Offer Price
When you prepare an offer to purchase a home, you
already know the seller’s asking price. But what
price are you going to offer and how do you come up
with that figure?
Determining your offer price is a three-step
process. First, you look at recent sales of similar
properties to come up with a price range. Then, you
analyze additional data, such as the condition of
the home, improvements made to the property, current
market conditions, and the circumstances of the
seller. This will help you settle on a price you
think would be fair to pay for the home. Finally,
depending on your negotiating style, you adjust your
"fair" price and come up with what you want to put
in your offer.
Comparable Sales
The first step in determining the price you are
willing to offer is to look at the recent sales of
similar homes. These are called "comparable sales."
Comparable sales are recent sales of homes that
compare closely to the one you are looking to
purchase. Specifically, you want to compare prices
of homes that are similar in square footage, number
of bedrooms and bathrooms, garage space, lot size,
and type of construction.
If the home you are interested in is part of a
tract of homes, then you will most likely find some
exact model matches to compare against one another
There are three main sources of information on
comparable sales, all of which are easily accessed
by a real estate agent. It is somewhat more
difficult for the general public to access this
data, and in some cases impossible. Two of the most
obvious information sources are the public record
and the Multiple Listing Service.
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Comparable Sales in
the Public Record
The most accessible source of information on
comparable sales is the public record. When someone
buys a home the property is deeded from the seller
to the buyer. In most circumstances, this deed is
recorded at the local county recorder’s office. They
combine sales data with information already known
about the property so they can assess property taxes
correctly.
Provided there have been no additions to the
property, the information available from the public
record is usually correct regarding sales price,
square footage, and numbers of rooms. This makes it
easy to use the public record as a source of data
for comparable sale information.
Accessing the data is another matter, at least
for the general public. Realtors can generally look
up this information through title insurance
companies. The title companies either compile the
data directly from the county recorder’s office or
purchase it from other companies.
One problem with the public record is that it
tends to run at least six to eight weeks behind. Add
another four to six weeks for the typical escrow
period and you can see the data is not current. The
most current information is the most valuable.
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Comparable Sales in the
Multiple Listing Service
Most of the public is aware that the Multiple
Listing Service is a private resource where Realtors
list properties available for sale. Recently, the
public has been able to access some of that
information on such sites as Realtor.com, MSN
HomeAdvisor, and others.
Once a property is sold and the transaction has
closed, the selling price is posted to the listing
in the Multiple Listing Service. Over time, it has
become a huge database on past sales, containing
much more information on individual homes than can
be gleaned from the public record. This information
is only available to real estate agents who are
members of the local Multiple Listing Service.
Your agent will provide you with this data to help
determine your offer price.
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Comparable Sales –
Pending Transactions
The most valuable information would be the most
current, of course. A sale last week has more
validity in helping you determine a purchase price
than a sale from six months ago. The problem is that
there is no actual record of the sales price until
the transaction is completed. The information is not
available in the public record because no deed has
yet been recorded.
Neither is the information available in the
Multiple Listing Service. Once a property is sold,
it becomes a "pending sale" and all pricing
information is removed from the listing. Prices are
not posted until it becomes a "closed sale." This
protects the seller in case the transaction falls
apart and the property is placed back on the market.
It would give an unfair advantage to future
potential buyers if they already knew what price the
seller had been willing to accept in the past.
However, if a Realtor has a reason to know the sales
price, they can usually find out through
professional courtesy. Also, some real estate
brokerages post sales information on a transaction
board in their office.
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Other Factors
Influencing Your Offer Price
Gathering and analyzing information from comparable
sales helps to establish the range of prices you
should consider when making an offer to buy a home.
More weight should be given to the most recent
sales, but even so, you need to do a bit more
analysis before setting upon the price you will
offer. That is because you also need to consider the
condition of the property, improvements, the current
market, and the circumstances behind the seller’s
decision to sell.
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How Property
Condition Affects Your Offer
Since you have toured the property you are
interested in, you should know how it compares to
the general neighborhood. All you have to do is put
the home in one of three categories - average, above
average, or below average.
When evaluating a home’s condition, there are a
number of things you should consider. Structural
condition is most important - items such as walls,
ceilings, floors, doors and windows. Then paint,
carpets, and floor coverings. Pay special attention
to bathrooms and bedrooms and whether the plumbing
and electricity work efficiently. Look at the
fixtures, such as light switches, doorknobs, and
drawer handles. The front and back yards should be
in reasonably good shape.
The missing ingredient will be information on the
condition of the homes from your comparable sales
list. Provided you chose the right agent to
represent you, they will have actually visited most
of those homes and be able to provide key insights.
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How Home
Improvements Affect Your Offer Price
Even when comparing exact model matches within a
tract of homes, you should note whether the previous
owners have made any substantial improvements.
Cosmetic changes should be largely ignored, but
major improvements should be taken into account.
Most important would be room additions, especially
bedrooms and bathrooms. Other items, like expensive
floor tile or swimming pools should be taken into
account, too, but should be discounted. A pool that
costs $20,000 to install does not normally add
$20,000 in value to the home. Rely on your agent to
give you guidance in this area.
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How Market
Conditions Affect Your Offer Price
A hot market is a "seller’s market." During a
seller’s market, properties can sell within a few
days of being listed and there are often multiple
offers. Sometimes homes even sell above the asking
price. Though most buyer’s want to get a "deal" on a
home, reducing your offer by even a few thousand
dollars could mean that someone else will get the
home you desire.
A slow market is a "buyer’s market. During a
buyer’s market properties may languish on the market
for some time and offers may be few and far between.
Prices may even decline temporarily. Such a market
would allow you to be more flexible in offering a
lower price for the home. Even if your offered price
is too low, the seller is likely to make some sort
of counter-offer and you can begin negotiations in
earnest.
More often than not, the market is simply
"steady," or in transition. When a market is steady,
no real rules apply on whether you should make an
offer on the high end of your range or the low end.
You could find yourself in a situation with multiple
offers on your desired house, or where no one has
made an offer in weeks.
Transition markets are more difficult to define.
If the economy slows unexpectedly, as it did in the
early nineties, people who buy on the high end of a
seller’s market (like the late eighties) could find
their home loses value for several years. So far, no
one has proven reliable in predicting when markets
change or how good or bad the real estate market
will become.
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How Seller
Motivation Affects Your Offer Price
Truthfully, it is rather rare that a seller’s
motivation will dramatically affect the price of a
home, but it is often possible to save a few
thousand dollars. The most common "motivated seller"
is someone who has already bought his or her next
home or is relocating to a new area. They will be
under the gun to sell the home quickly or face the
prospect of making two mortgage payments at the same
time. Since that can drain a bank account quickly,
most sellers want to avoid such a situation and may
be willing to give up a few thousand dollars to
avoid the possibility.
There are also family crises that can motivate a
seller to make a quick deal. However, when you see a
real estate ad that mentions "divorce," "motivated
seller," "relocation," or something to that affect,
beware. Although the facts may be true, that does
not necessarily mean the seller is motivated to make
a quick and costly sale. Most likely, the ad is more
designed to generate phone calls and leads rather
than sell the home.
However, there are times when a seller is truly
distressed, willing to make a quick sale and
sacrifice thousands of dollars. With the seller’s
permission, the listing agent will post this
information along with the listing in the Multiple
Listing Service. They may also inform other agents
during office and association marketing sessions or
by flyers sent to other real estate offices.
Provided this information has been made generally
available to Realtors, your agent should know when a
seller is truly motivated and when it is just "puff"
designed to elicit interest in a property.
The exception is when an agent is selling a home
they have listed themselves or selling a home that
was listed by another agent from their own company.
In such a situation, the agent may be acting as an
agent for the seller, or as a "dual agent,"
representing both you and the seller. In such a
situation, they cannot legally provide you with
information that would give you an advantage over
the seller.
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The Final Decision on
Your Offer Price
Comparable sales information helps you to determine
a base price range for a particular home. Adding in
the various factors like property condition,
improvements, market conditions, and seller
motivation help determine whether a "fair" price
would be at the upper limit of that range or the
lower limit. Perhaps you will feel a fair price is
outside of that price range.
The "fair" price should be approximately what you
are willing to agree on at the end of negotiations
with the seller. The price you put in your offer to
begin negotiations is totally up to you and depends
on your negotiating style. Most buyers start off
somewhat lower than the price they eventually want
to pay.
Although your agent may provide advice and
guidance, you are the one who makes the decision.
The price you put in the offer is totally up to you.
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Writing an Offer to
Purchase Real Estate
Once you find the home you want to buy, the next
step is to write an offer – which is not as easy as
it sounds. Your offer is the first step toward
negotiating a sales contract with the seller. Since
this is just the beginning of negotiations, you
should put yourself in the seller’s shoes and
imagine his or her reaction to everything you
include. Your goal is to get what you want, and
imagining the seller’s reactions will help you
attain that goal.
The offer is much more complicated than simply
coming up with a price and saying, "This is what
I’ll pay." Because of the large dollar amounts
involved, especially in today’s litigious society,
both you and the seller want to build in protections
and contingencies to protect your investment and
limit your risk.
In an offer to purchase real estate, you include
not only the price you are willing to pay, but other
details of the purchase as well. This includes how
you intend to finance the home, your down payment,
who pays what closing costs, what inspections are
performed, timetables, whether personal property is
included in the purchase, terms of cancellation, any
repairs you want performed, which professional
services will be used, when you get physical
possession of the property, and how to settle
disputes should they occur.
It is certainly more involved than buying a car.
And more important.
Buying a home is a major event for both the buyer
and seller. It will affect your finances more than
any other previous purchase or investment. The
seller makes plans based on your offer that affect
his finances, too. However, it is more important
than just money. In the half-hour it takes to write
an offer you are making decisions that affect how
you live for the next several years, if not the rest
of your life. The seller is going to review your
offer carefully, because it also affects how he or
she lives the rest of their life.
That sounds dramatic. It sounds like a cliché.
Every real estate book or article you read says the
same thing.
They all say it because it is true.
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Contingencies in a
Purchase Offer
In most purchase transactions there may be a slight
challenge or two, but most things will go quite
smoothly. However, you want to anticipate potential
problems so that if something does go wrong, you can
cancel the contract without penalty. These are
called "contingencies" and you must be sure to
include them when you offer to buy a home.
For example, some "move-up" buyers often agree to
purchase a home before selling their previous home.
Even if the home is already sold, it is probably a
"pending sale" and has not closed. Therefore, you
should make closing your own sale a condition of
your offer. If you do not include this as a
contingency, you may find yourself making two
mortgage payments instead of one.
There are other common contingencies you should
include in your offer. Since you probably need a
mortgage to buy the home, a condition of your offer
should be that you successfully obtain suitable
financing. Another condition should be that the
property appraises for at least what you agreed to
pay for it. During the escrow period you are likely
to require certain inspections, and another
contingency should be that it pass those
inspections.
Basically, contingencies protect you in case you
cannot perform or choose not to perform on a promise
to buy a home. If you cancel a contract without
having built-in conditions and contingencies, you
could find yourself forfeiting your earnest money
deposit.
Or worse.
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Earnest Money Deposit
After you have come up with an offer price, the next
step is to determine how large a deposit you want to
make with your offer. You want the "earnest money
deposit" to be large enough to show the seller you
are serious, but not so large you are placing
significant funds at risk.
One recommendation is to make sure your deposit
is less than two to three percent (depending on your
location) of your offered price. The reason for this
is that if your deposit is larger than that, the
lender will pay particular attention to how you came
up with the funds. You might have to provide a copy
of a canceled check along with a bank statement
showing you had the money to begin with. Normally,
this is not a problem, but if you have a short
escrow period or are barely coming up with your down
payment, it could pose an inconvenience.
Another reason to limit your deposit is "just in
case." Although significant problems are the
exception and not the rule, they do occur. "Just in
case" there is a nasty or prolonged dispute between
you and the seller, the less money you have tied up
in a deposit, the fewer funds you have placed at
risk.
As with practically everything in real estate, there
are exceptions to this rule, too. During a hot
market there may be multiple offers on the property
that interests you. A large deposit may impress a
seller enough so they will accept your offer instead
of someone else’s, even when your unknown competitor
is offering the same price or slightly higher.
Since large deposits do impress sellers, you may
also find that by making a large deposit you can
convince the seller to accept a lower offer. More
money up front may save you money later.
There are also times when closing can be delayed by
weeks, through no fault of your own. Have back-up
plans prepared for such a contingency.
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The Closing Date
It is absolutely essential that you include a
closing date as part of your offer. This way both
you and the seller can make plans for moving, and
the seller can make plans for buying his or her next
home. Though most transactions actually do close on
the right date, do not be so inflexible that a delay
creates insurmountable problems.
For example, if you are renting and need to give
the landlord notice that you are moving out, you may
want to allow a little flexibility. Otherwise, if
your purchase closes a few days late you could find
yourself staying in a motel with your belongings
packed in a moving van somewhere while you pay
storage costs.
There are also times when closing can be delayed
by weeks, through no fault of your own. Have back-up
plans prepared for such a contingency.
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Transfer of Possession
A transaction is considered "closed" once the deeds
have been recorded. Then you own the home. However,
it is not always possible for you to occupy it
immediately. This can happen for several reasons,
but the most common is that the seller may be
purchasing a home, too. Usually, it is scheduled to
close simultaneously with your purchase of their
home.
It is sort of like being at a red light when it
turns green. Although all the cars see the light
change at the same time, the guy at the back of the
line doesn’t begin moving until all the cars ahead
of him have started.
As a result, it has become customary to allow the
seller up to a maximum of three days to turn over
actual possession and keys to the home. When
transfer of possession actually occurs should be
clearly laid out in your offer to prevent confusion
later.
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Condition of the
Property
The last thing you want when you assume possession
of your new home is to find it in a total mess.
Therefore, you should make it clear in your offer
that certain minimum standards are required. If you
do not, you might find out the seller or neighbors
have begun using the back yard as a trash dump, or
something worse – and you would not be able to do
anything about it.
Some of the requirements you might want to include
in your offer are that the roof does not leak, the
appliances work, the plumbing does not leak, that
there are no broken or cracked windows, the yard has
been kept up, and any debris has been cleared away.
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Inspections You
Should Require
Besides appraisal and the termite inspection, you
should also have a professional go through the house
and seek out potential problems. Of course, you will
have inspected the home, but you are not used to
looking at some things that a professional will
find. Even if they are not things the seller is
expected to repair, at least you will have
foreknowledge of any potential problems.
The seller will want this inspection performed
quickly, so that you can approve the results and
move forward with the purchase. Once you receive the
inspection, you will want to allow yourself
sufficient time to review and approve the report. If
you do not approve the report, you may negotiate
with the sellers on which repairs should be
performed and who should pay for those repairs.
Otherwise, you can cancel the purchase without
penalty, provided you have included timetables in
your offer.
Allow a maximum of ten to fifteen days to receive
the report and five days to review it.
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Interest Rates
Another reason for including financing information
in your offer is to protect yourself. If interest
rates suddenly become volatile and rise quickly, as
sometimes happens, you may looking at a mortgage
payment much higher than you anticipated. By putting
a maximum acceptable interest rate in the offer, you
are protecting yourself from such an occurrence.
At the same time, the seller will probably want
to see that you have some flexibility in the
financing terms you are willing to accept. If
interest rates are currently at eight percent and
you indicate this is the highest rate you will
accept, you would be able to cancel the contract
without penalty if interest rates rose past that
point. The seller would suffer because they have
lost valuable marketing time and may have made their
own plans based on successfully closing the
transaction.
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Closing Costs and
Financing Incentives
There may be times when, as part of your offer, you
request the seller to pay all or a portion of your
closing costs, or provide some other financial
incentive. One common request is asking the seller
to provide funds to temporarily buy down your
interest rate for the first year or two. Such
incentives can be especially effective if a buyer is
tight on money or pushing their qualifying ratios to
the limit.
Whenever you ask for incentives such as these, you
will probably find the seller less willing to
negotiate on price. After all, what you are really
asking for is to have the seller to give you some
money to help you buy their house. The end result is
that, for a little relief in the beginning, you are
willing to pay a little more in the long run.
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Seller Financing
Another occasional request is to have the seller
"carry back" a second mortgage to help facilitate
your purchase of their home. In cases when the
seller does not need all the proceeds from their
sale in order to purchase their next home, this is
an option. The advantage to the buyer is that by
combining your down payment and the second mortgage
from the seller, you may be able to avoid paying
mortgage insurance and save yourself some money.
If such a carry-back is part of your offer, you
should include the terms you wish to pay on such a
second mortgage. Keep in mind that your first trust
deed lender needs to know this information so they
can underwrite your loan, and they have certain
minimum requirements. The minimum term of the second
mortgage can be five years. The minimum payment can
be "interest only." Longer mortgage terms and
payments that also include principle are also
acceptable.
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Cash Offers
If you are one of those rare individuals making a
cash offer to buy a home, it makes sense to provide
some documentation with your offer that shows you
have the funds available. A bank statement would be
fine. If you have to liquidate stock or some other
asset, your offer should give a timetable on when
you will provide proof you have converted the asset
to cash.
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Other Financing
Details in Your Offer
Your offer should also contain information on
whether you are obtaining a fixed rate or an
adjustable rate mortgage. It should also state
whether you are obtaining conventional financing or
obtaining a VA or FHA loan.
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How FHA and VA Loans Affect
Your Offer
Extra Costs to the Seller
If you are obtaining a VA or FHA loan in order to
finance your purchase, you must include that
information in your offer. This is because
government loans place additional financial and
performance obligations on the seller.
Non-Allowable Fees
First, VA and FHA loans prohibit buyers from paying
certain types of fees that are often charged by
lenders, escrow companies, settlement agents, and
title companies. They are called "non-allowable"
fees. They still get charged anyway, but as the
buyer, you are "not allowed" to pay them. The result
is that the seller ends up paying them instead of
you.
Most of these "non-allowable" fees come from your
lender. By the time you are making an offer you
should have already been pre-qualified by a loan
officer, so you or your real estate agent can ask
how much the lender’s non-allowable fees will be.
Experienced agents should also have an idea of what
non-allowable fees will be charged by the escrow or
settlement agent and the title insurance company.
Since these are fees the seller would not pay on an
offer with conventional financing, this information
must be included in your offer. You should also
realize that since the seller will be paying these
additional fees, they may be a little less
negotiable on the price.
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VA and FHA Appraisals
Home appraisal inspections on FHA and VA loans are a
little more detailed than on conventional loans (and
more expensive). The appraisers are required to
perform certain minimum inspections as well as
evaluate the market value of the property. Although
these inspections are not as detailed as a
professional home inspection and should not be
considered a substitute, sometimes repairs are
required.
These are additional costs the seller would not
be obligated to pay for someone obtaining
conventional financing, so your offer should include
a maximum figure for these repairs. Otherwise the
seller is signing the equivalent of a blank check,
and they do not want to do that.
At the same time, whatever figure you put in will
most likely affect the seller’s willingness to
negotiate on price. If you put $500 as an estimate,
the seller may be $500 less negotiable on their
price. If no repairs are required, you may have been
able to get the house for $500 less than what you
and the seller agreed on as the price. The solution
is to add a clause to your offer that goes something
like this. "If required repairs cost less than the
maximum amount allowed, the excess will be credited
toward buyer’s closing costs."
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Selecting
Service Providers
You and the Seller Must Agree
Buying a home does not occur in a vacuum, involving
only you and the seller. There are all kinds of
people and services involved behind the scenes to
make it happen. Since some of these services affect
both you and the seller, there will have to be an
agreement on which companies you will use for them.
When you make your offer, you should request your
favorites for these services. If you are unfamiliar
with these service providers, you can get
recommendations from your agent.
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Escrow and Settlement
For example, you are going to need an escrow or
settlement company to act as an "independent third
party" between you and the seller. Without having a
third party involved, how do you know that when you
fork over the money, you are going to get the deed?
This is the type of service provided by escrow and
settlement. They will hold your deposit and
coordinate much of the activity that goes on during
the escrow period.
Since this third party is very important to both
you and the seller and both of you will pay fees to
this company, it is important to agree on which
service to use. Therefore, your choice should be
part of the offer. Since you do not buy a home every
other week or so, you are probably unfamiliar with
companies that provide this service. Your agent will
make a recommendation. You have the authority to
accept this recommendation and include it in your
offer, or make your own choice.
Keep in mind that the seller will also have a
preference and this may be a point of negotiation in
a counter-offer. It has become customary that one
side will choose the escrow/settlement agent and one
side chooses the title insurance company. Even so,
everything in real estate is negotiable.
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Title Insurance
Title insurance is important because, by providing
you with an Owners Policy, they insure that you have
clear title to the property. If there are any
problems later, you can always go back to the title
insurance company and have them clear it up. Since
it is customary for the seller to pay for the
owner’s policy, they have an interest in which
company is used.
However, you are going to pay a fee to the title
insurance company, too. This is for the Lender’s
Policy. The lender’s policy insures your mortgage
lender that there are no liens or judgments against
the property and that the mortgage will be in first
position. In other words, should you sell the
property or refinance it, their mortgage gets paid
first, before any other claims against the property.
The lender’s policy is less expensive than the
owner’s policy.
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Termite and Pest
Inspection
As part of your offer, you may require a termite and
pest inspection. This company not only inspects for
termite damage and pest infestations, but also
inspects for dry rot and water damage, among other
things. The company that performs the inspection is
important to you as a buyer, because you want to be
sure they do a good job. It is important to the
seller because it is customary that they pay for the
inspection and some types of repairs that may be
required.
You should determine which company you want to
perform this inspection and make it a part of your
offer. Otherwise the seller will choose. If you do
not know which company to hire, your agent will make
a recommendation.
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