Real Estate Tips

Whether it consists of several pages of big type or a few pages of fine print, a real estate purchase agreement is a serious, legally binding document. In most areas, there are “boiler plate” forms that spell out what each party agrees to do by certain dates and what happens if either side breaks the contract.

The best time to familiarize yourself with these forms is when you are beginning your search. Ask the real estate agent for a copy of the purchase agreement and then review it, keeping in mind that it has the force of law. If you don’t understand the document, consult an attorney. If there is a dispute between buyer and seller, a court will hold you to what the purchase agreement specifies, not what you thought it meant or what you thought the real estate agent said it meant.

There are several key points you should be clear about. What are the deadlines for loan application and obtaining financing? If you decide to back out because of the structural inspection report, can you do that? Do appliances convey? When will the closing take place? If you understand these clauses before you find the perfect house, you will avoid a lot of stress and minimize the likelihood of misunderstandings.

When you purchase a property, it usually includes the land and everything attached to it, such as buildings, trees, shrubs, etc. Most buyers are only interested in purchasing the real estate, not the owner’s personal property. What happens when personal property has become a part of the real estate? Is it actually a “fixture” which will now convey to the buyer with the real estate?

There are three tests which usually need to be satisfied. Has the personal property been permanently annexed to the real estate? Is it intended to become part of the real estate? What is the local custom? Fixtures may include shades, heaters, ranges, screens, storm windows, lighting fixtures, etc. To save misunderstanding at the closing–and perhaps the sale–it is important that the seller spell out specifically in the sales agreement what will go to the buyer as part of the property.

Home sellers may be lured by the promises of agents that offer to list and sell your home for a discount commission. But consider the advantages of using a full service broker who will represent your best interests in the transaction without cutting corners.

A full service real estate broker will be informed about the current trends in your local market. He or she will share valuable information about the selling price of comparable properties, to help you determine a realistic price for your home. If your home needs repair prior to listing, a reputable local contractor will be recommended. Buyers will be pre-qualified and personally escorted through your home. After showing your house, your broker will give you feedback from buyers and agents, negotiate the price and terms of the purchase contract when an offer comes in, schedule the home inspection and coordinate the closing.

You may not receive adequate professional or personal attention if the agent feels they owe you less because you are paying them less. It is to your advantage to engage the full services of a real estate broker who will give 100 percent to guide you through the complex process of selling your home.

The stacks of papers that you have to sign in order to buy a house can leave you confused. The person conducting the closing will ask you to sign your name to countless documents that are filled with legal jargon. Some buyers just barely glance at each form and sign them without a lot of questions, while others find it very frustrating to try to read every form at the closing table.

You should read and understand the papers you sign. If you are getting a loan to buy the property, most of the paperwork will come from the mortgage company. In most cases, there is little time to read everything in advance because the forms arrive at the closing office shortly before closing is scheduled to begin. Most of the documents use standardized language, however, and you should be able to get copies of the documents ahead of time from the lender so that you can have your questions answered and be comfortable with the settlement process.

When you make an offer on a house, it is accompanied by an earnest money check. Earnest money is intended to demonstrate that you are “in earnest” about purchasing the property. The earnest money check is made out to the listing company. What happens to this check?

The party holding the check acts as an escrow agent until you go into closing. At that time you will receive credit for the amount of your check against the down payment and closing costs. Real estate brokers are required by law to keep escrow funds in a special account. These funds cannot be used to pay any other expenses associated with the sale. If you don’t complete the transaction, the purchase contract determines the disposition of your earnest money funds. Be sure to review this part of your contract with the real estate agent.

If you are in default on your agreement, the funds may go to the sellers, so be sure that you understand the deadlines in order to avoid breach of contract and forfeiture of your deposit. If you have any questions, be sure to ask your real estate agent for advice.

Before the professional inspects the home that you are buying, you will be asked to sign an acknowledgment of the scope of the inspection. This document will probably include a disclaimer clause designed to relieve the company of responsibility if they should miss a defect. What happens if a defect is missed during an inspection?

The disclaimer clause may get the inspection company off the hook for a defect if there is no visual indication of a problem. If the inspector clearly indicated that he was not checking for that problem–many inspectors do not check for dry rot or inspect roofs–then the recourse will be limited. If negligence is involved, or if the defect should have been obvious to a professional inspector, the disclaimer is not likely to protect the inspector. If you find an undiscovered defect, discuss the matter with the inspector. Depending on the situation, the responsibility for remedying the problem may rest with you, the sellers, and/or the inspector.

Both buyer and seller should be aware of all of the deadlines in their 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.

If you are a careless buyer, you could lose your right to ask a seller to pay for needed repairs. There may be a limit on the time the seller has to respond to the buyer’s request to complete repairs that are not required by the contract. Failure to apply for your mortgage on time may place your deposit at risk if the loan is denied. In many cases, the agreement can be declared null and void by the seller if financing is not approved within the time frame set forth in the contract. A delayed closing can cost the sellers money, and they may ask the buyer to reimburse these expenses.

Work closely with your real estate agent to ensure that all of your transaction deadlines are met.