Real Estate Guides


Buyer’s Real Estate Guide

Thursday, June 16th, 2011

Buying a home is a huge purchase for you. Here are some “smart” tips for you:

1. Offer to Purchase: Although not often explained to a buyer, this “binder” may have full legal force and hold you to a deal. Make sure to have it reviewed by your attorney and that it contains the words, “memorandum of understanding only – purchase and sale to be signed by all parties within seven days; failing which the offer to purchase will become null and void.” Be sure to give yourself contingencies for all inspections, obtaining a firm mortgage commitment, Compliance with Title V (septic), and the sale of your existing home, etc.

2. Purchase and Sale: Although it says standard, it is not. There are legal terms and clauses in it that are routinely modified and negotiated by attorneys with riders and addendums. Don’t put your broker in a position where you are in essence asking them to act as your attorney. This is not the place to save money.

3. Inspections and Preliminary Title: This part of the process allows for your inspections. You have the right to back out of the deal or renegotiate based on information learned by way of these inspections. Try to review any easement, conservation and survey issues along with title V (septic) reports and zoning issues prior to the end of your contingency period. Better to see what limits on the property exist now rather than just before closing.

4. Lender Issues: Work with an experienced and reputable mortgage broker or lender. There is a lot involved in qualifying someone for a loan these days. Be honest with your broker. Run a credit report on yourself before you look for a mortgage. There may be errors or items that need to be resolved prior to submission of the loan application.

5. Remember: Although the lender’s attorney may have some obligations to you as a consumer, they don’t represent you. When offered, purchase the owner’s part of the title insurance to transfer your risk of most title problems not necessarily a concern in this closing but may surface when you resell or refinance. The one time fee is worth the coverage. Also, obtain the correct home owner’s insurance. The lender’s minimum may not be sufficient for you needs. If your property is in a flood zone, buy flood insurance without question.

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Seller’s Home Real Estate Guide

Thursday, June 16th, 2011

Selling a home in today’s economic conditions is a challenge. Here are some “smart” tips for you to consider once you have a potential Buyer ready to move forward:

1. Offer to Purchase: Although not often explained to a buyer, this “binder” may have full legal force and hold you to a deal. Make sure to have it reviewed by your attorney and that it contains the words, “memorandum of understanding only – purchase and sale to be signed by all parties within seven days; failing which the offer to purchase will become null and void.” Signing the offer may remove your home from the multiple listings or put it in a “holding” designation so make sure you or your broker has “prequalified the buyer.”

Review the contingencies contained in the offer such as building, mortgage, Compliance with Title V (septic), and the sale of their existing home, etc. Look to have short time periods on these.

2. Purchase and Sale: Although it says standard, it is not. There are legal terms and clauses in it that are routinely modified and negotiated by attorneys with riders and addendums. Your attorney or the broker will prepare the Purchase and Sale and send it to the Buyer’s attorney for review. This is the key document regarding the parties’ rights and responsibilities. Have an attorney review the document. Your real estate broker’s job is to sell the home, not perform any legal functions. This is not an area to save money. If there is a betterment on your property (sewer), you will normally be required to pay off the balance of the lien which could be substantial, unless otherwise agreed to by the Buyer and the Lender.

3. Inspections and Preliminary Title: This part of the process allows for the Buyer’s inspections. It has become fairly common for the Buyer to renegotiate price based on an inspection report. You would also be asked to respond to a high radon reading. Know if you have any easements, conservation issues, survey issues, title V (septic issues), or zoning issues that may prevent the Buyer from using the property for single family use.

4. Have your attorney do an owner run down of title. This will confirm the owner of the property; identify any easements, restrictions, grants, conveyances, surprise liens and water heater rental liens. It might also reveal any technical defects of mortgage discharges, assignments of mortgages, missing certificates of compliance, probate issues, death certificates, estate tax clearances, etc. Although this is not a full title search, it may give you a head start in correcting title issues which otherwise may prevent closing.

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