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HomeGain: Looking for a New or Used Home? Click Here! |
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How To Buy A Used House In This Section: You'll find everything you need to know to
come out ahead when buying a used home, including negotiating tips, scams and pitfalls to
avoid, where to buy, where not to buy, and legal tips. We'll also cover how to choose a
good real estate agent. Many concepts here can apply to homes and condos, or any other big
purchase.
Be
sure to get your credit score before you shop for a house Just because you are approved for $200,000
does not mean you have to spend that much. If you can get a great house for much
less than you are approved for, then that is the best move financially for you.
There is no rule that says you have to spend the max, although most people finance on the
outer fringes of their ability to sustain the payments. Don't let your agent try to
qualify you for more than you are comfortable spending. They act like they are doing you a
favor. They'll tell you "Oh, I can get you approved for a higher mortgage through my
banking contacts". |
Common Home Buyer Mistakes
Many home buyers mistakenly think that they are protected by using a "Buyer's
Agent", or a mortgage broker who will "find them the best mortgage".
When I ask them who is paying the buyer's agent, they respond with "They just get a
percentage of the sales price". OK, and how is this different from a seller's
agent? You can put a sheep's clothing over a wolf, but it's still a wolf. The higher
the selling price of the house, the more commissions are earned by the seller's and
buyer's agents. Another common mistake home buyers make is thinking the price in writing
is set in stone. The pen is mightier than the sword and sellers use it to their advantage
when selling houses. But you can bypass this common buyers mistake by adopting a
counter intuitive method of thinking. Just remember this one important rule:
Sellers do not set the price, its the buyers
who set the price
How many times have you sold or traded in a used car and not gotten anywhere near
what you wanted for it? This is because you thought you could set the market, but the
market told you otherwise. Whether its a house or a car, the market sets the price,
not the seller. Once you get past this mental roadblock, you'll find it much easier to
offer much less than the asking price. The stock market is a good example. If you were
unfortunate enough to buy the over hyped $150 dot bomb stocks in early 2000,
you soon found they were selling under $1. Although you wanted $150 when you sold them, no
one wanted your shares, and you suffered a huge loss. Houses are the same and many sellers
are under the wrong impression that real estate must appreciate. There are no rules of
what appreciates or depreciates. So don't be bashful about offering a low price on a
house. Some homeowners who are selling their homes get the idea in their head that their
house should sell for say $200,000 because they bought it a few years ago for $175,000.The
seller may become indignant when you present them with a low ball offer. They may have
bought the house when the market was hot, and in a soft market, their house may not be
worth the asking price.
During the dot com rush of 1998-2000, many homes in Silicon Valley sold the day
they went on the market, selling for much more than the asking price, thanks to foolish
buyers and bidding wars. See my point? The buyers set the selling price, not the
sellers. People were shelling out $500,000 for tiny 2 bedroom 2 bath, one car garage
"doll houses" that you and I would never consider living in at all. When
the dot coms became dot bombs in 2000-2001 and layoffs were in full swing, it took weeks
to sell their homes, and many people took a bath on the resale. Sellers often got
thousands more than their high asking price thanks to idiot buyers caught up in bidding
wars.
By nature, us foolish humans have a hard time dealing with the fact that our
property might be worth less than we paid for it. In overdeveloped areas, houses can
lose their value rapidly, and you can use this to your advantage when buying a recently
built home. One area of Pembroke Pines, Florida was bursting with development for a few
years straight. People selling homes they bought new 2 years before were losing $20,000 on
the sale of their homes because they were competing with all the new construction nearby.
Buyers bypassed 2-3 year old houses for brand new homes with better amenities and updated
building codes for the same price or slightly higher.
You cannot guarantee impartiality
Anytime your real estate agent's commission is based on the selling price of the
house, you cannot guarantee that the agent has your best interest at heart. The only
way to guarantee that is to pay a large fee to a real buyer's agent, and they don't get
any percentage of the selling price. That fee however, removes the benefit of
bypassing the commissioned real estate agent in the first place. Never tell anyone
but yourself how high you are willing to go. By law the seller's real estate agent
has a fiduciary responsibility to the seller, and they WILL tell the seller everything you
say, so pretend you are in a police interrogation. The agent will ask you how high
you are willing to go on the house. Don't fall for this trick. Just give them
the price you want to pay for the house and if they ask how high you are willing to go,
tell them that's it.
Don't buy a house in an urgent rush
Don't wait until the day you have to move out of your old house or get
transferred to buy a house. You need time to carefully plan your purchase. It
can take 2 months or more to get an agent, shop for the house, get approved for a
mortgage, and close escrow. If you know you will be relocating and need a house
soon, you should start looking now, because you don't want to be pushed up against a wall
and forced into making costly and hasty decisions with adverse financial ramifications
that will come back to haunt you. Just like on our other site
CarBuyingTips.com,
we warn car buyers not to wait until their old clunker dies before buying a
new car. If your car is dying, you'll be forced into making hasty decisions
and signing deals you should never have signed. Never let a dealer know you
are desperate for a car. If the sellers know you are desperate to get a
house soon, they will not drop the price. This little mistake can cost you
thousands. Always make the sellers think you have plenty of time and
resources to analyze each deal carefully. Make sure they know you are
the one that they have to chase. then the deal will proceed on your
terms, not theirs.
Path To Buying A Used Home:
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Be sure to organize all the files you'll need for a
home loan.
Read our chapter: Organize
Your Files Before Applying For A Home Mortgage. You never want to be
caught without the paperwork the lender needs to approve your mortgage. Each missing item
will delay your home loan approval. It's better to over deliver with more than you
think they will need, and have it well organized and ready to go. You'll find
everything you need to organize before you apply for a home loan, and how to get your Credit
Report and clean it. You'll find tips on files and paperwork to have ready to
increase your chances of getting approved for a home mortgage.
First time buyer jitters.
Dont be afraid to pull the trigger. Your
agent brought you to a house that matches your criteria, the price is right, its a
good neighborhood, dont get cold feet and start making up stupid little reasons not
to buy, just because you are scared, you could be missing out on a home that appreciates
and gives you years of happiness. We all go
through these feelings on our first purchase and you must not let it take over.
Financing Tips
In our chapter on How To
Finance A Home you will find plenty of tips and scams to avoid when financing
a house. We explain all the different types of financing available and the scams you need
to avoid. Make sure you know how much of a home mortgage you qualify for before you
even start looking. You don't want to waste your time, or a real estate agent's
time, looking at houses that you can't afford.
Many home buying books and experts tell you to drive through neighborhoods looking for houses for sale. We dont agree with that method. How do you get into the gated communities? Also, some communities do not allow sellers to post For Sale signs in their yard, or on any windows. Your time is more efficiently spent searching online real estate classifieds. You could find more houses listed in an area in 5 minutes online than you could driving by all day. You might even find more candidates than your agent, especially if the sales price or commission rates are low. Online real estate classifieds are the most efficient way to find a house, and allows you the home buyer to double up the work that your real estate agent is doing.
Biggest complaint of online used home classifieds
Stale listings. A house sold 6 months
ago can still be listed on the web site. Even
the big Real estate agents are guilty. This is particularly a problem on sites where
houses are for sale by owner (FSOB), as sellers dont go back to remove the listings. Some sites have photos, some don't. Often
youll get an MLS printout on a house, and youll
often see most of the fields describing bedrooms, view, the amenities, the homeowner
association information, etc., are left blank. The
sellers listing agents dont take the time to enter enough data about the house
to allow you to make any kind of decision about wasting your time to look at it. Perhaps thats just how they want it.
Choosing A Good Real Estate Agent
The better agents have success selling homes in the neighborhood you are looking in.
Real estate agents often have a full page ad in the local home classified magazines
listing houses grouped in one area. Successful agents have lots of houses
listed. Part timers and unsuccessful agents have few if any homes listed.
Probably the best source is people you know. They will tell you if they liked or
hated their real estate agent. We had an agent who sold my grandmother's condo and
she was a true professional who had it sold within 8 weeks of listing, even though the
president of the condo homeowners association did everything humanly possible to withhold
required paperwork and thwart the sale. You want a real estate agent who is
professional, aggressive, and maybe wins the monthly sales awards in her office. The
large well funded real estate companies have certain minimum standards for business
practices, ethics, and customer satisfaction. You'll still find bad apples at the
larger firms, but maybe not as many as you would in small unaffiliated brokerage
offices. Ask the real estate agent to show you all the state required disclosure
forms so you know ahead of time all your rights. You don't want any surprises later
on.
HouseBuyingTips.com FACT: No real estate agent, no matter how good they are, will work as hard as you at finding a property. Theres simply too much to do and they have other clients as well. You need to spend hours yourself on the best web sites to find listings also. You're about to spend over $100,000. Don't just leave it in the hands of the person who makes a commission by selling you that house. Help your real estate agent help you. By time the real estate agent emails you the information on the house, it can be sold already, because the good homes sell fast. You are not the only buyer looking to get into that great neighborhood. Do you really think they will tell you about a nice house they just found for you that was priced $15,000 less than you told them you are willing to pay? Yeah, right.
Its also your responsibility too. You should be mining all the data from the web sites and choosing houses you want to visit, and weeding out the others. This will save your time and the agents time by avoiding driving to every house on the list, and not liking any of them. This will help keep a strong relationship between you and your agent, and they wont get as frustrated that you are not buying.
If you are buying a house instead of selling, you really don't need a real
estate agent. Besides, the biggest complaint we hear from home buyers is the real
estate agents they hire continuously try to get them to buy houses for much more than they
told the agents that they wanted to pay. One person we know specifically told his
agents $160k was the top limit. But the agents kept dragging them to homes priced at
$180k. In fact several agents did this and the buyer fired all of them, and found
the house on their own on the Internet, even after the real estate agents lied and said
there were no homes available in their price range. You are at their mercy, if they don't
want you to know your house is out there, they won't tell you. The only tasks a Real
Estate Agent performs for a home buyer is closing escrow, and if they are any useful at
all, they look up what houses to buy, and possibly check out school rankings for
you. But many savvy consumers can do all this themselves with online sites.
Then just use a property attorney to handle the closing. For many more detailed tips on
choosing and working with real estate agents, read our chapter How To Choose A Good Real Estate Agent.
You'll also find a great list of the top home buyer complaints about real estate
agents, and a list of the top Real Estate Agent "sales gimmicks" to watch out
for.
Why Should You Buy A Book On Home Buying?
When you can get free tips on sites like ours why buy a book? Books
have much more information than we have on this site. One sentence in one paragraph
of a $10 book can save you thousands in potential losses and aggravation. Besides you
can't carry the web site with you.
| Get Yourself A Good Book On Home
Buying Before buying a house, get a book on home buying tips & home finance. The best one is Tips And Traps When Buying A Home. This thorough, easy to read book covers the topics you'll need to be a winner when buying your home. America's leading real estate authority gives you Tips and Traps when home buying, how to check out neighborhoods for school quality, crime rate, appreciation. Learn how to deal with brokers, lawyers, inspectors, questions to ask, negotiating tips, how to make a low offer the seller will accept, tips on home loans, and saving on closing costs. Read this book and you won't be misled by sellers, agents or anyone in the costliest transaction of your life. It's the best house buying resource to have if you're still in the dark on house buying. |
The best time to buy a used house is...
Most people buy a house in the summer time, because they have kids and that's the best
time to make a clean break from the old house and into a new one before the school season
starts. But it's the worst time for you to get a good deal because that's when
demand is at its peak. Chances are you'll face more competition for the same house in the
summertime than you will in the winter. Most people don't pack up in the middle of
Christmas and move to another home. Sellers trying to unload their home in December
will have a real tough time of it, especially if there is snow, and you need to exploit
those opportunities. I would bet that you'll get some really good deals around
Christmas time, because no one is looking at houses then.
Houses To Avoid
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Tips for avoiding a neighborhood with
bad construction problems
Interview residents in the neighborhood, and ask if there has been any problems affecting
the neighborhood. You'd be surprised at what off the wall issues could
surface. We've seen strange ones like nearby home construction blasting cracking
homeowners walls and foundations. We've heard of builders developing communities on
top of tire dumps and the owners find out years later when the whole neighborhood starts
to fall apart. This list goes on, like wide shoddy construction lawsuits, illegal
chemical dumps, etc. These are not farfetched, and believe me if there is something
major like that going on, you don't want to be anywhere near that neighborhood.
Angry residents will be more than glad to tell you of any problems in the neighborhood.
Construction Issues To Be
Aware Of
In hurricane states, find out if the house is CBS (Cement Block). Often they label a house as CBS, but the CBS is
only on the first floor. The upstairs could
be wood frame, and Hurricane Andrew has already proved that this does not hold up. In
Florida you want your 2 story house to be CBS on both floors. We prefer CBS
materials for exterior walls in Florida and other hurricane states.
Avoid houses that have any kind of flat roof. Remodeling was popular in the 70-80's, it was easy to add on a back room, and give it a flat roof. Houses with flat roofs leak. No matter what they tell you or what seal is on it, if the roof is flat you will have standing water and it will leak, and it takes a massive amount of money to change the pitch and fix it. Even though it looks like its OK, its a ticking time bomb.
Check the house out in the rain, and see if the neighborhood floods easily. Dont rely on your real estate agent to show you all the houses that fit your criteria, you can bet that they are not showing you the homes with only 5% commission.
Try to find out how long the house has
been on the market
There must be a reason why the house has not sold if it's longer than 6 months and you are
not in a bear market. Pin them down and ask why. If the house has been on the
market a long time, there must be a reason. Use this to your advantage.
The appraisal
When getting the house appraised, be aware that you are at the mercy of the
appraiser. Some mortgages don't acknowledge all the land your property is on so it
may have to be sectioned off and evaluated according to the mortgage rules. You
could buy a house on 14 acres and the mortgage only looks at the first 5 acres so you'll
need it appraised on the 5 acres. If your house is not finished and there are any
incomplete rooms they might not be counted as rooms, which can lower an appraisal.
You'll get 10 different appraisals from 10 different people. The real value
of the house is what you the buyer are willing to pay. Don't let them cram existing
standards down your throat, to Jedi mind trick you into paying more than you should. You
have the final say. You must be aggressive and fight for every dollar, just like
they are doing to you. Compare this to stock analysts who tell you to buy a stock now
because it's worth a certain amount in the next few months. Often they too are
wrong, because no one can accurately predict how much buyers will pay a few months from
now. What if the job market crashes next month? All the valuations the
appraisers made on your home just went out the window because lots of people will get
kicked out of their homes and be forced to sell. Appraisers don't take cause and
effect into account, they base everything off what happened yesterday.
The appraisal
When getting the house appraised, be aware that you are at the mercy of the
appraiser. Some mortgages don't acknowledge all the land your property is on so it
may have to be sectioned off and evaluated according to the mortgage rules. You
could buy a house on 14 acres and the mortgage only looks at the first 5 acres so you'll
need it appraised on the 5 acres. If your house is not finished and there are any
incomplete rooms they might not be counted as rooms, which can lower an appraisal.
You'll get 10 different appraisals from 10 different people. The real value
of the house is what you the buyer are willing to pay. Don't let them cram existing
standards down your throat, to Jedi mind trick you into paying more than you should. You
have the final say. You must be aggressive and fight for every dollar, just like
they are doing to you. Compare this to stock analysts who tell you to buy a stock now
because it's worth a certain amount in the next few months. Often they too are
wrong, because no one can accurately predict how much buyers will pay a few months from
now. What if the job market crashes next month? All the valuations the
appraisers made on your home just went out the window because lots of people will get
kicked out of their homes and be forced to sell. Appraisers don't take cause and
effect into account, they base everything off what happened yesterday.
HouseBuyingTips.com Buyers Warning |
The appraisal on the house you are about to buy is most likely done by a property appraiser with a cushy relationship with the seller's listing agent. |
Foreclosures might save
you some money
And they also might not save you any money at all. I
don't know what it is about foreclosures that make the previous owner go crazy. They
usually do stupid things to the house out of spite. We've seen houses with all the
electrical outlets removed, ceiling fans torn down, you name it. A friend of ours
looked at a few foreclosures and they were not bargains at all. Some were only $2000 less than the surrounding
homes, for a houses that will require about $10,000 to fix it back up. In one house
our friend saw the toilet had been smashed and cracked by the previous owner, and the
water heater was ripped from wall. One
plumber he spoke to said in one house the soon to be foreclosed owners poured concrete in
the upstairs toilet, and the walls had to be gutted to get to all of it Be real
careful with foreclosures, because you don't know all the damage that was done. You
absolutely must have an inspection firm check out the house first. Just remember any
foreclosure that is a good deal, is already gone before you get to it. Savvy agents
and investors circle like vultures and snap these listings right up.
Scams To Watch Out For
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Don't overlook Homeowners Association
(HOA) dues!
Check for homeowner association dues, how much they are, and if there are any assessments
coming up. In some communities, monthly dues are $150 or more. They are called dues
because you "DO" have to pay them, or they "DO" foreclose your
property. In my grandparents condo
there was a cocky, arrogant unit owner who thought he could skirt the law by not paying
his monthly dues and told the board they cant control him. But the day of his foreclosure hearing in court,
he magically showed up in court with $4,000. Also,
you have to obey strict rules and codes in an HOA. Many people have a natural resistance
to authority. If you violate the rules, they
can and will fine you and if you dont pay these fines, they will drag you into
foreclosure court. Once in a while
youll see a newspaper article about how a $50 violation turned into $2000 of court
cost for a defiant homeowner. If you live in
a condominium, your guests must park in clearly marked legal guest spaces or theyll
get nasty hard to remove orange violation stickers placed on their windows by the condo
commandos.
Many home buyers fail to take into account these monthly HOA fees which can really add up. Find out when the last increase was, and if there are additional increases on the horizon. Find out if there is a 2nd homeowners association. Some associations are small neighborhoods within a larger country club community and you pay dues to both. Meet with the homeowners association president and have them give you written copies of the current budget and monthly dues. By law they must give you this information. If they are hesitant, you should become suspicious of what they have to hide and forget about the neighborhood. Some country club communities can even require you to join the country club. If this happens, expect at least $50 per month for the most basic of memberships.
How often do HOA dues go up?
Some HOAs are so poorly run that increases occur annually. Some like ours, have not increased in 7 years
because the HOA board members know what they are doing.
Problematic issues here in Florida include corruption on the board of
directors, kickbacks from service vendors, and fund mismanagement, leading to higher
monthly fees. In the 1990s, an HOA in Boca
Raton had too many eggs in one basket and lost several hundred thousand dollars in a bank
account of an SNL that folded. FDIC only
insures you up to $100k. Oops! Many lawsuits
were filed after that one.
Ask current residents how often the dues increase, and what is included. Some fees include basic cable TV, common area
maintenance, pool maintenance, trash, sewer, water, etc.
You need to find out exactly what you get for these monthly fees to
determine if it is worth buying the house. Sometimes
the description says it includes lawn maintenance. Is
that just the common area lawns, or do they mow your lawn too? Some HOA dues cover both, but you need to find
out for sure.
Types Of Houses You Want To Buy
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Negotiating Tips For Home Buyers
The Negotiating Games
Its like a debate. On one side are the seller and Real Estate Agent. On your
side, is your Real Estate Agent or property attorney negotiating with the sellers
Real Estate Agent. The rules of this game are:
The sellers must convince you that the house is worth the asking
price, and you must convince them that the house is not worth the asking price.
You must learn to adapt or be voted off the island. If they have a savvy Real
Estate Agent working for them, the Real Estate Agent may show recent selling prices of
homes in the area, which is the most widely accepted guide to pricing a house, along with
the reports of a property appraiser. But it's not gospel, they could have more rooms or
different amenities than the house you are buying. But you should dig deep and question
all the data they show you. They have selling prices of houses in the area. How long ago
did those houses sell? If it was a year ago, you have just cause to tell the sellers that
the data is worthless. It might as well be data from another state. If the market was hot
a year ago, it might not be now, and all bets are off on the value of the house.
Confuse the seller with these points to create reasonable doubt of the house
value.
More importantly, you want to see the original listing prices of other homes before they sold. It will give you a great indication if the market is soft and you may be able to low ball the seller. For example, a house in the neighborhood you are looking at listed for $210,000, but sold for $175,000. If you knew that it listed that high before it sold, it's a great indication that the market got weak and it's a buyer's market.
Here's some negotiating tactics the seller's Real Estate Agent might use on you:
"These other houses nearby sold for
$300,000"
This is like taking credit for someone else's work. While neighborhood pricing data
is a good basis to start with, you need to convince the sellers that each house has
its own intrinsic value, and just because a house 10 blocks away sold for $300,000,
this does not mean the sellers house is worth $300,000. Their house must earn it's
value. Also, just because other buyers paid a high price for surrounding homes, does
not mean that it's worth that much to you. Many times people over pay for a house.
"This is a gated community, the added safety
is worth more"
Sure the gate acts as a deterrent, it keeps out the local kids driving by, but
anyone can get past a gate by riding close to the car in front of them. People hop the
wall all the time. Well known prestigious communities in Boca Raton have had high profile
crimes and burglaries. In February, 2001, the Sun-Sentinel published an investigative
report on gated communities from Palm Beach to Miami, and reported the crime rates were
just as high inside the gated communities, as they were outside them. We know someone
living in a gated community that had the wooden arms. One night several Corvettes were
stolen in his neighborhood over the course of a few weeks. Many gated communities have
slow moving gates that could allow a second car to easily sneak in behind the first car
going through the gate. Some gated
communities improve upon this by installing a second faster arm gate in front of the
slower metal gate to prevent unwanted vehicles from riding the coat tails of the car in
front. But often it is easily bypassed by
people who wait at the keypad and act like they are pushing the buttons to dial their
friend. A real homeowner shows up behind them
and often gets out and scans their card through the reader to help the person get in. The best gated community is the patrolled
community with a security guard at the main entrance.
This of course costs more. So crimes do still occur, and you can use this to
cast doubt on the sellers. Even if you are wrong, put them on the defensive.
For every point they bring up to convince you the house is worth more, you must
come back with something to dilute it or discount their statement altogether. Do this on
enough selling points and you win. Just keep lobbing grenades back at them and let the air
out of their balloon. Keep telling them that the market is not baring, and their price is
unrealistically high, otherwise they would have sold it already. You must convince them
that they have a buyer right now, ready to go, pre qualified, financing wont be an
issue, and if they keep on trying to hold on to an unrealistic value, it will cost them
more money in the long run in terms of extra mortgage payments.
Watch out for tactics like this one: "A buyer looked at this house today and is interested in making an offer." Yeah, right. If they were really interested, the Real Estate Agent would have a deposit check already. This is one of the oldest tricks in the book.
Here's some negotiating tactics you can use on the seller:
The very worst that can happen is the seller will
say no
Many buyers might be happy if they can chisel a couple of grand off the selling
price. But you need to think in much bigger terms. Instead of offering a couple of
thousand below the price, you should offer many thousands below. The worst that will
happen is the seller says no. They may also get really indignant and refuse to deal with
you any further. We know someone who bought a very nice 2nd floor condominium with vaulted
ceilings in 1982 for $69,000. They sold it 17 years later in 1999 for $63,000. Other
condos in the same development within the previous 12 months had sold between $57,000 and
$71,000. You can see not everything appreciates.
Anything is negotiable in life, youve heard it a million times before. We know a buyer who bought a nice house with a 7 ½ foot grand piano in Ft. Lauderdale from a seller who had second mortgaged himself down to 0 equity in the home. The buyer got a great deal on the house, and negotiated the 7 ½ foot grand piano into the deal. Anything is negotiable from furniture, to appliances, even the toilet paper! Be sure you get the seller to include any items you negotiated during the sale into the contract.
Where to find a bargain
Often when someone's grandparents or parents finally die, they inherit some sort of
property, usually a house or a condominium. The heirs will then immediately list the
home for sale and attempt to get market value. But often they settle for much less
because they just don't want to mess with it, as they are still dealing with other aspects
of the estate and want quick money. Sometimes this can be a great way to pick up a
piece of property real cheap. Other bargain distress sales for you might be a buyer
who is about to be foreclosed, a couple with marital problems, a corporate relocation
seller, or someone who is upside down on their mortgage.
Even when presented with all the data from the sellers proving what their house is worth, there is still no reason why you cannot submit a low offer. Just keep repeating to yourself, that the house is only worth what you are willing to pay for it, not a penny more. Don't get suckered into the seller's Jedi mind trick of making you think everyone wants the house. If that were the case, everyone would have bought the house already. Before you agree to their offer, take a look around the house. Stand in the front yard and just gaze around at the neighborhood. Do you really want this house? Do you really want to pay this price? Are you going to lie awake at night lamenting the fact that you paid too much for this house in a hot market, and now it's worth much less? Time for some serious soul searching. Welcome to the big leagues.
Making Your Offer To The Sellers
When you make the offer, back it up with a $1000 check and be sure to enclose a
copy of an up to date valid mortgage credit approval letter from your
lender, so the seller knows you are serious about buying and are approved for financing. Listing agents are always suspicious of offers.
On the deposit check write a memo that they are not to start escrow with it unless the
seller accepts your explicit offer price and terms as listed in the contract. Be
sure you have a good property attorney give you an iron clad contract that protects you
should you have to cancel the sale. Valid reasons for getting out of the contract
are financing falling through, termites, bad title, undisclosed liens, bad inspection, the
sellers are in divorce, the property is tied up in probate, you cannot sell your existing
house in time, etc. Make sure the sellers know you'll give them a quick close. Make sure
you have enough contingencies in your contract to protect you, but not too many that might
spook the sellers.
Stay The Course! A
Deal's A Deal
I'm a firm believer that when you give a deposit and sign a contract, there is no
reason to cancel the deal, except for standard contingencies, or misrepresentation from
the sellers. So don't do anything stupid like keep on shopping for another house and
then try to get out of your deal. Don't email us to ask if it's legal for them to keep
your money, we are not lawyers, and laws vary county to county, state to state. You
should be asking your property attorney, not us, and if you don't have one, you better get
one. Don't even email us asking what to do because we just delete emails like that. At CarBuyingTips.com
I get emails all the time from idiots who leased a car then wanted out 3 days later.
We get other idiots who buy their car first, then go research the pricing
3 days after their purchase and discover they paid too much. Then they cry to me,
wanting to know why the dealer won't let them out of the deal.
Closing the deal
As I mentioned before, make sure you have a good property attorney work with you to
provide a contract for your deposit and escrow. I cannot stress enough the
importance of being real explicit in your weasel clauses. You need to make sure that
this entire sale is contingent upon you being approved for financing, upon the seller
accepting your offering price as written explicitly in the contract, a death of a spouse,
and you need to consider other possibilities too. If the survey does not match any
Real Estate Agent "claims", it should be grounds for voiding the contract.
Supposing you are being transferred to a new city and you left a deposit on a new house,
then your transfer falls through. You better have that scenario in there also.
In fact you can add any scenario you want to the contract as long as the seller agrees to
it.
HouseBuyingTips.com Buyers Warning |
If you weasel out of a contract and it's not due to a contingency listed in the contract, you WILL LOSE YOUR DEPOSIT. Put down the smallest deposit possible, a safe amount of cash that you are willing to lose. |
Losing the deposit is the least of your worries. The seller can sue you for breach of contract, then I'll sue you for being a moron. The courts can force you back into the deal. Think about it for a minute. The seller spent weeks and a lot of money listing their house and you are about to thrust them right back into it again. Most likely you'll end up paying a settlement.
Standard Contingencies: Rebels
with a clause
First off, let me state that this section is not to be considered as legal
description, and furthermore, some of these items might not be allowed in your area, which
is why you need to use a good property attorney. Do not try to cut corners and take
information from this paragraph to make your own contract. This information is just
to illustrate common contingencies that home buyers choose to include. You may need
others not even mentioned here. Keep in mind the more contingencies you include make it
likely the seller will reject your offer, but most of them are standard.
There are certain weasel clauses that buyers usually insist on in their offer to
the seller. Essentially these clauses say "here is my deposit, but if this or
this or this happens, the deal is off and I get my deposit back, no harm no foul."
You really should be using a good property attorney to create your contract for
sale and purchase of a house. Standard contingencies might include your ability to
get financed by the bank with the fees and interest rate you declare in the contract.
This can allow you a way out if the bank suddenly decides to bump up your APR 2% or
tack on some fees that you did not expect. Another contingency is a land survey.
Many buyers like to also add a time limit or list a date that closing will take
place. Many people don't realize how powerful an ally this clause can be. If
the seller wastes too much time, the buyer can lose heir mortgage rate lock-in, call off
the deal and get their deposit back from the escrow company. If
anything else goes wrong with the deal, like the sellers turn sour on you, or pull any
other scam and do not give your deposit back, the time limit clause will expire and ride
in like a rook at the end of a chess match to help you declare checkmate!
A good clean title is usually another contingency, showing the house is free of
liens, along with engineering inspections and termite inspections. Another good one
to consider that few people stop to think about is restrictions, easements, and
limitations or zoning changes that appear on the plat, which were not disclosed to you by
the sellers. For example, the sellers agent says the whole neighborhood is zoned
residential, but a check of the courthouse records shows the wall in the back yard of your
purchase will soon separate your house from a strip mall. You'll want to get out of
that deal real quick.
Your power company can have an easement going right through the middle of your
house because the people who built it did not check the records or do a proper survey.
FPL can start drilling right through your living room floor to lay their new
transmission line, and they'll have every legal right to do it too. It's not their
fault your house was built there incorrectly. Can you just
move that couch over a few feet? We need to drill right there.
Thanks a bunch.
HouseBuyingTips.com Money Saving Tip |
If the survey is only a year old, you may be able to save some money by calling the survey company and getting an updated certified copy. Just make sure your lender allows it, and that there are no other local laws or requirements that would disallow it. Make sure nothing changed since the survey was issued. This can be much cheaper than paying a survey company to come back out and charge you $500. |
For condominiums and homeowner
associations, there should be clauses for non-disclosed assessments. In other words, if
the seller says there is no planned assessments, then you find out there is a $5,000 new
roof assessment for each unit owner, that could be illegal, and you can use that clause to
get out of the contract.
Here's another good contingency: any and all renters, occupants, or tenants should
be out of the house before you close or the deal is off. This can really benefit the
buyer should squatting tenants decide not to vacate. Everyone is under the
impression they can just call the cops and out go the losers. This is a huge
misconception. The laws that over protect tenants are not only unfair, but pretty
stiff as well, and it can take months to legally get them out of your house once they have
established a dwelling there. Believe me, you don't want to hang around for this
mess to unfold. There might even be clauses allowing the buyer to recover attorney
fees from the seller in case the seller defaults on the contract.
Failure To Perform.
No, this is not a Viagra commercial. Now for the bad news. Sure these clauses
I mentioned here can protect you, but the seller has a few that they will want to add to
protect them. Now the fun starts. Have your people call my people. A common
one here is the "Failure To Perform" clause. Read that clause carefully
and memorize it. It basically says that if you try to weasel out of this purchase
for any reason other than a legitimate clause written into your contract, the seller can
keep all the deposit money you put into escrow. All Of it. Let me repeat that
in case you were speed reading. All of it. So the less you put down, the less you
stand to lose should you default. If you default, don't email me asking what do, I
don't want to hear from you and I just delete those types of emails. That's what
your lawyer is for.
As long as it's legal in your area, you can have all sorts of clauses, like the seller pays some of your closing costs, or buys you a warranty, or leaves all the appliances behind, your property attorney can help you decide which ones to include. Just remember, the harder you make it for the seller to sell the house, the harder it will be for you to buy it. In The Art of War by ancient Chinese warrior Sun Tzu, he warns you not to force your enemy with their back up to a wall. Always give them a way to leave peacefully, or with nothing to lose, they will fight to the death and probably win.
Most importantly
of all
Get organized,
pay debts, get your Credit Report clean your credit report.
Go To The Next Chapter
How To Choose A Good Real
Estate Agent
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