Starting
The Home Search Process
At Joey Peretz & Associates we will show you suitable properties based on a
discussion of your housing needs, priorities and affordability. We may work with
you as a Buyer's Agent or as a Sub-agent of the Seller; be sure to discuss these
agency relationships with your agent(s) at your first substantive meeting as you
will be required by law to sign an Agency Disclosure Agreement at that time.
Know how much you can
spend. Determine how much you want to pay for a new home.
If financing will be required, it is recommended that you obtain mortgage
pre-approval from a qualified lender prior to beginning your home search. Often
attached with a written offer, a pre-approval letter will give your offer merit
in the eyes of a seller, and may allow you to be more flexible if a quick
closing is in both parties' best interest.
Choosing legal counsel You
should also select an attorney at this time.
It is recommended that you choose an attorney who is experienced in representing
purchasers of real estate. If you don't have an attorney already for this
purpose, your agent(s) can usually give you names of several highly regarded
real estate attorneys that you can interview.
Now that you have found
the home you want, how do you structure and offer to purchase?
Once you have found a home you wish to purchase, your agent will submit an offer
on your behalf. Offers and counter-offers may be submitted verbally or in
writing. The initial offer is usually submitted in writing (especially in a
multiple-offer situation) as an "Offer to Purchase" prepared by your
agent.
Terms of your offer usually include:
- purchase price,
- personal property to be included,
- projected closing date,
- conditions and contingencies (inspections, financing, etc.)
Subsequent counter-offers are often presented verbally. When you have reached
an agreement with the seller on all terms you now have an Acceptable Offer
(A.O.).
What happens after you have an Acceptable Offer? Once an A.O.
is reached, a written Memorandum of Agreement is usually drafted by the seller's
agent, stating the terms of the agreement; copies are distributed to the seller,
the seller's attorney, the buyer, the buyer's attorney, and both real estate
agents. No earnest money deposit is exchanged at this time. The typical time
frame from agreement to closing is approximately 60 days. Of course, many
factors can affect this time frame, including specific needs of the buyer and/or
seller.
From an Acceptable Offer to Contract
After reaching an A.O., you (the buyer) are given a limited time period during
which to conduct an engineer's inspection and other desired and/or required
inspections (assuming that an inspection contingency is part of the agreed-upon
offer). This period is usually 10 days or less. During this period, the seller
has only a verbal, non-binding agreement to sell the property to the buyer; the
seller, in the meantime, is free to listen to, negotiate, and/or accept other
offers. It is, therefore, imperative that you (the buyer) conduct all
inspections in good faith and in a timely fashion. A binding contract will
generally not be written until after inspections have been completed.
Home Inspections do you need them?
An engineer's inspection is very strongly recommended for every home purchase.
The purpose of an inspection is to identify the condition of the home and allow
the buyer to make informed decisions. Even with newly constructed homes and with
condominiums, it is possible that something could have been overlooked or poorly
designed. An engineer's inspection will typically take 2-4 hours. If at all
possible, you should plan to be there with the engineer during the inspection.
This is an opportunity for you to learn a lot about your new home, ask questions
of the engineer, and receive suggestions. Subsequent to the inspection, the
engineer will provide you with a detailed written report covering his/her
findings. Most mortgage lenders require a termite inspection and stipulate that
it's to be done by a licensed termite inspector. Your engineer may or may not be
licensed to do termite inspections; if not, you will need to hire a termite
inspector. Other optional inspections you may wish to perform include a fuel oil
tank test (for oil tanks buried in the ground), a radon test, a septic dye test
(if applicable), a water potability test and water recovery test (for private
wells), asbestos testing, and lead paint tests.
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From Contract to Closing
Once inspections are completed and deemed satisfactory, the seller's attorney
will draft a contract of sale and deliver it, along with the seller's title
insurance policy and copy of any existing survey, to your (the purchaser's)
attorney. You should review and discuss the contract with your attorney. If any
changes are requested, the seller must agree to these changes.
Signed contracts are then returned to the seller's attorney with
a 10% contract deposit, also called a "down payment" (this down
payment amount can be negotiable but is typically 10%). The contract deposit
check is made payable to the seller's attorney who holds it in an escrow account
until the closing. Once the contract is signed by the seller, your attorney will
receive two fully executed copies of the contract, one of which will be given to
you for submission with your mortgage loan application.
Your completed mortgage loan application with all supporting
documentation should be submitted to your chosen lender promptly upon receipt of
the fully signed contracts. Your attorney will also provide you with an estimate
of closing costs at this time.
Prior to closing, your attorney will arrange for a title search
of the property. The title company will issue a title report certifying clear
title, and a title insurance policy to protect the lender (required) and the
buyer (optional) in the event a title problem arises in the future. The title
company will also perform a property tax search and a violations search
(required by the lender), and a survey inspection. If the existing survey is
unacceptable, or if no survey exists, it is typically the buyer's responsibility
to pay for a new survey.
From contracts to the
closing table
Once all conditions of the contract have been satisfied, the closing
date is scheduled. This involves getting together all parties including the
seller, the seller's attorney, the buyer, the buyer's attorney, the lender's
attorney, the title company representative, and usually one or both real estate
agents. Once the closing is scheduled;
- calls should be made to confirm with your movers,
- to contact utility companies to transfer service accounts,
- to arrange for a homeowners insurance policy (proof of an insurance policy
and paid receipt for one year's premium paid in advance must be brought to the
closing),
- and to transfer any funds necessary for closing.
Your attorney will advise you in advance as to the amount(s) of any certified
checks required at closing. You will also be required to bring a supply of blank
personal checks for assorted closing costs, as well as two forms of
identification, one of which must be a photo I.D.
Inspecting the property for the final
walk-thru
A final "walk-through" of the property is performed just prior to
closing, usually within a few hours or not sooner than the previous day. This is
scheduled with your real estate agent, or the seller's agent.
The purpose of the walk-through is threefold:
- to confirm that no damage has been done to the home since the time of the
engineering inspection;
- to confirm that the major systems and appliances are in working order; and
- to confirm that the home is "vacant and broom clean", as
stipulated in every sales contract.
Questions
For additional information or clarification of any information provided herein,
please consult one of the professionals identified in the disclaimer.
* Disclaimer Please
keep in mind that this is not intended to be a comprehensive discussion of the
home purchase process. It is intended to give the reader a general overview of
the process, and to allow a prospective purchaser to plan ahead. Information
contained herein should not take the place of the expert advice of professional
advisors such as an attorney, a real estate agent, an engineer, a mortgage
counselor, an accountant, and an insurance agent, all of whom you may have to
consult with and rely upon in connection with your home purchase.