Benefits
of Owning Your Own Home
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."
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.
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?
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.
Freedom & Individualism
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.
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."
Important
Things To Avoid Before Buying 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.
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 home buyers,
however, the effects of changing jobs can be
disastrous to your loan application.
How Changing Jobs Affects Buying
a Home
For most people, changing employers will not
really affect your ability to qualify for a mortgage
loan. For some home buyers, however, the effects
of changing jobs can be disastrous to your loan
application.
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.
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.
Don't
Buy a Car or Did You Already Buy One?
When Income
Grows and You Want to Buy "Stuff"
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."
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.
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.
The
Business Cycle and Buying a Home
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.
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.
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.
Comparable
Sales and Your Offer Price
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.
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 if 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.
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.
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.
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
Major
Factors Influencing your Offer Price
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.
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.
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.
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 illicit
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.
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.
Offering
to Purchase Real Estate - the Basics
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.
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.
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 percent 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.
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.
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.
Writing
an Offer - Safeguards Regarding the Property
Disclosures From the
Seller
Although you have toured the property, looked
at the walls and ceiling, turned on the faucets
and played with the light switches, you have
not lived in it. The seller has years of knowledge
about his or her home and there may be some
things you want to find out about as quickly
as possible. For this reason, you will require
certain disclosures as part of your offer.
Basically, you want the seller to disclose any
adverse conditions that may have a substantial
impact on your decision to purchase the home.
This would include any problems with the house,
whether the property is in a flood zone, a noise
zone, or any other kind of hazardous area.
If you have an agent representing you, this is
almost automatic, but many states do not require
individuals selling their own home to provide
you with this information. Often they do not
require banks selling foreclosed property to
provide these disclosures, either. Obtaining
these types of disclosures should always be a
part of your offer, and time is of the essence.
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.
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.
Final Walk-Through Inspection
Before closing, you will want to revisit the
property to ensure it is in the condition you
have required in your offer, and to inspect
that any required repairs have been performed.
You should do this no sooner than five days
before you intend to close. Make sure this
right to do a final inspection is included
in your offer to purchase the home.
How
Financing Details Affect Your Offer
Most buyers do not have enough cash available
to buy a home, so they need to obtain a mortgage
to finance the purchase. Since you will probably
make your purchase contingent upon obtaining
a mortgage, the seller has the right to be
informed of your financing plans in order to
evaluate them. That is one of the major reasons
that financing details are included in your
offer.
Down Payment
As part of your offer, you will need to disclose
the size of your down payment. Once again,
this allows the seller to evaluate your likelihood
of obtaining a home loan. It is easier to get
approved for a mortgage when you make a larger
down payment. The underwriting guidelines are
less strict.
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.
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 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.
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.
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.
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.
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.
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."
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 be 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.
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.
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.
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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