Real Estate Tips

Most people assume that when a real estate deed is signed, it is effective. However, there is one more essential part of the process. Even if a deed is properly executed, it is not effective until it has been delivered to and accepted by the buyer. This can sometimes create bizarre results. Here is an example.

An elderly man properly signed, sealed and acknowledged a deed to his nephew and placed it in an old tin box in his room, where it was discovered shortly after he died. The nephew lost a contest with other heirs over the property because the deed was not delivered, and therefore, was not effective at the time of the old man’s death.

Until the deed is delivered, the title remains with the seller, who could change his mind at any time and destroy the deed. But once the deed has been properly delivered and accepted, the title passes and cannot be revoked. Thus the old, old saying: signed, sealed (and notarized) — and delivered.

Buying a house involves a lot of paperwork. There can be several pages to the contract itself, plus the various addendum and contingencies. If you apply for a loan, there will be another stack of documents at the closing table. Although your real estate agent reviews the transaction, it is extremely important that you understand the papers you are signing.

If a dispute arises, the outcome will be governed by how the contracts actually read, not what you thought your real estate agent told you when you signed them. To avoid confusion, it is a good idea to pick up copies of the purchase agreements and closing papers ahead of time. This will allow you to read them at your leisure, without the pressure of several people waiting for you to read everything at the closing. Don’t hesitate ask questions if you don’t understand something or if the language is ambiguous or confusing.

Who represents the homebuyer in the transaction? The most common scenario is for homebuyers to purchase a home with the help of the seller’s listing agent. In this case, known as “dual agent representation,” the real estate agent assists both the sellers and the buyers. However, it is also possible for the buyers to ask another realtor to represent their interests exclusively, acting as the “buyer’s agent,” a service which is available at no additional cost to the homebuyer.

Any licensed real estate agent can act as your buyer’s agent, helping you to locate and look at properties in your price range. However, if that real estate agent works for the same brokerage that is listing a particular property, dual agency or designated agent rules will then apply. The buyer’s agent will advise the buyer if issues arise such as termite damage or significant material defects appearing on the home inspection report. If the home appraisal comes in at less than the asking price, the agent will represent the buyer’s interest, working with the seller and the lender to negotiate a satisfactory resolution.

Timing can sometimes be difficult if you have to sell a home before you can buy another one. Most people need the equity from the sale of their first home for the down payment on the new house. If your present home goes on the market first, you may be concerned that it will sell before you find the one you want to buy. On the other hand, if you find the perfect home before your present home is under contract, the sellers may be reluctant to accept your offer, and you may be too nervous to sign a contract.

It is a good idea to sit down with a good real estate agent for some professional advice before you begin your search. It will probably be necessary to be flexible on the closing date, because it can be easier to find a home that you want to buy than to sell your present home. After finding the house you want, you can ask the lender about arranging a short-term bridge loan that can make the purchase possible before you sell your current residence.

Homebuyers who use the Internet to start their home search may be lured by the promises of realty companies advertising “one-stop shopping” guaranteed to meet all your housing needs. But before you sign up with an online company, consider the benefits of meeting personally with a real estate agent or broker who can represent your best interests in the transaction.

A full service real estate broker will be informed about the current trends in your local market. He or she will personally show you properties that satisfy your unique requirements. When you want to discuss your options for a home mortgage loan, your broker will refer you to a reputable mortgage professional who can help you choose a loan that meets your specific needs. Your broker will have a working relationship with home inspectors and homeowner’s insurance companies whose professional integrity they can vouch for. Online “one-stop” companies profit from handling all aspects of a transaction, but the homebuyer may not receive adequate personal attention or get the best deal. It is to your advantage to engage the services of a real estate agent or broker, because their sole motive is to protect and guide you during the complex process of buying property.

What happens when you are interested in purchasing property that is being sold by the same real estate agency in charge of your buying needs? You may have concerns about a dual buyer/seller agent. Will this form of agency protect your interests, or that of the seller? Will you as buyer be able to share confidential information about your needs?

In states where dual agency is legal, the real estate agent will serve the needs of both parties fully, because good business practices and professional integrity require honesty and fairness. If a buyer and seller are both represented by the same agency, they will be asked to sign a dual agent contract acknowledging the affirmative obligations of the real estate agent. Neither party should fear being shortchanged because the other party’s interests will come first. Because the real estate agent will honor the code of confidentiality, both parties may share sensitive information without undue anxiety.

A reputable real estate agency will help to reach a satisfactory outcome to negotiations for both parties in the transaction.

The purchase or sale of a home is one of the most complicated business transactions most people will be involved in during their lifetime. Whether the print is large or small, there is a lot of it! The purchase agreement covers not only the price of the property, but has many paragraphs governing the terms under which it will be conveyed to the new owners.

When you list your home for sale or when you begin your search for a new home, ask your real estate agent for a copy of the standard sales agreement. Familiarize yourself with the document ahead of time, and make certain you understand the responsibilities of both parties between the initial meeting of the minds and the closing date. You should be aware of all of the deadlines in the purchase agreement. Each contract is different, but there are usually time limits covering the structural contingency, the financing application, the loan commitment, and the closing.

You greatly increase the chances of a smooth transaction by being fully informed about the sales contract.