Nolo's Essential Guide to Buying Your First Home (48 page)

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Authors: Ilona Bray,Alayna Schroeder,Marcia Stewart

Tags: #Law, #Business & Economics, #House buying, #Property, #Real Estate

BOOK: Nolo's Essential Guide to Buying Your First Home
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What he does
Helps buyers and sellers negotiate and close on the purchase of co-ops and houses in New York City and surrounding areas. Richard not only represents people at the front end of property sales, but helps some who come to him with postsale problems—for example, a buyer who didnʹt understand what she was signing and discovered that sheʹd bought a house without buying its side yard.
 
First house
ʺI bought it in 1974, a beautiful colonial in Woodmere, New York. I asked my boss (another attorney) to represent me at the closing. Closings in 1974 involved a lot fewer documents than youʹll encounter today! But what I remember most about the closing was the behavior of the husband seller, who was retiring and moving out of state. He flipped out under the pressure of the moment. He stood up, grabbed the table and threw it over. Papers went flying all over the floor. His wife jumped on him to calm him down. The good news is that he returned to his gentlemanly self, and the deal closed—and I lived in that house for 30 years.ʺ
 
Fantasy house
ʺA majestic house with an ocean view, like you might find in Big Sur, California. In addition to the usual rooms, Iʹd like a small hideaway room where I can read, view television, and use the computer. And letʹs pack the house full of other good stuff like a game room, swimming pools (outdoor and indoor), bowling alley, gym, movie theatre, and a slip for a boat. Not that I really ʹneedʹ all of this—my wife Karyn and I are empty nesters and already have a house we love in Delray Beach, Florida, and a co-op apartment in Hewlett, New York.ʺ
 
Likes best about his work
ʺHelping people who are otherwise intelligent and cautious find their way out of a tough situation—for example, afford a home when they thought they couldnʹt qualify for a mortgage. And nothing thrills me more than when I get a call out of the blue from a client whoʹs moved elsewhere, to tell me how he or she is doing.ʺ
 
Top tip for first-time homebuyers
ʺPick good advisers who you know are on your side and will be available to you for consultation. Donʹt let anyone tell you that something is too difficult for you to understand—you donʹt have to read every word of every document, but ask your advisers to educate you on their meaning. Also, walk the property and look at every nook and cranny yourself. That avoids situations like one where some buyers (whom I didnʹt represent) bought a big house on a large area of land one summer but didnʹt walk beyond the thick shrubbery in the backyard. After moving in, they heard trains rumbling—and sure enough, there was a train track right behind the rear property line, which came into full view that autumn, when the leaves fell off the trees.ʺ
 
 
Y
ou’ve found it, the place you love, the home you want. Now all you have to do is tell the seller you’ll take it, sign a few papers, and move in, right?
Not quite. First, you’ll need to decide on the terms of your offer; most important, whether you’ll pay the asking price. And maybe you’ll want to ask the seller for a short closing period so you can move in soon or request that the custom-built kitchen table be left with the house. You’ll figure out whether you and the seller can agree on such terms once you start negotiating. In this chapter, we’ll explain how to:
• submit an offer, negotiate with the seller, and reach an agreement
• decipher the typical language in a standard home purchase contract
• decide on the contract’s basic terms like price, contingencies to protect your interests, and deposit
• make your offer the best it can be, given the market you’re in, and
• work with a developer to buy a new home.
 
Start to Finish: Negotiating and Forming a Contract
 
Buying a house is nothing like most of the financial transactions we make—unlike groceries, clothing, or most consumer goods, the price and other terms are largely negotiable. To understand the options and get the best deal, it’s good to know how the process works before you begin.
Submitting an Offer
 
Once you say, “This is the house!” your real estate agent will probably suggest you sit down together to draft an offer. (In a few states, however, your attorney will do the drafting, or the opening offer may be verbal.) You’d normally go back to your agent or attorney’s office, but if there’s time pressure, perhaps from competing buyers, drafting an offer in the agent’s car is not unheard of.
Are You Ready?
 
Use this checklist to decide whether you’re ready to make an offer on a specific house, or whether you should do more legwork first:
This house is in my price range, and I have my down payment cash available.
I’m preapproved for a mortgage, and I know what kind of mortgage I want.
I’ve hired or am already working with a real estate agent, mortgage broker or lender, and/or attorney.
I’m ready to devote much of my time over the next several weeks to closing the deal and preparing to move (unless it’s a yet-to-be constructed house, in which case the time period may be longer).
 
 
In many states, a buyer’s initial offer eventually serves as the complete contract, after both the buyer and seller have approved and signed it. Such offers are written in great detail, including not only a proposed price, but what conditions (contingencies) must be met for the deal to finalize, how disputes would be resolved, and who will pay what fees. It may be accompanied by a sum of money called an earnest money or good faith deposit. In other states, the offer is a very short document or is not written down at all—the point is just to communicate to the seller that you’d like to buy the house. The full contract is written later, sometimes with the seller’s attorney creating the first draft.
 
TIP
 
Ask your agent to explain the standard contract ahead of time.
Says Illinois Realtor® Mark Nash, “When working with first-time buyers, I show them the standard form, and all required disclosures, before we even start looking at properties. I answer questions they have about what each clause and phrase means, and I encourage them to read it over and make sure they really understand it. That way, when it comes time to actually write up the contract, they’re less overwhelmed—they’re dealing with the specific terms they want in the agreement, not the basic meaning of the contract language itself.”
 
Presenting Your Offer
 
Once you have an offer together, someone (usually your agent) must present it to the seller. A great agent can present your offer in the best possible light. Perhaps your offer isn’t as high as the seller would like, but you’re preapproved for a mortgage and are including few contingencies that could slow the process. Whatever your strengths, it’s your agent’s job to highlight them.
Normally, your agent will contact the seller’s agent and arrange for a time to meet and present the offer. The seller may come to this meeting, too. The seller may hear just one offer (yours) or may hear multiple offers from several potential buyers, sometimes on the same day.
Occasionally, a seller will request that offers be sent by fax, maybe because the seller is out of town or expects multiple offers. In that case, include a personal cover letter outlining your qualifications and the strengths of your offer.
The Seller Responds
 
After you’ve submitted your offer, you’ll probably be on pins and needles, wondering how the seller will react. The seller is eventually going to do one of three things: (1) accept, (2) reject, or (3) make a counteroffer.
 
CAUTION
 
The seller might not respond right away.
Particularly if you’re offering to buy a house sold in a “short sale” (requiring bank approval) or making an offer on a bank-owned property, it could be weeks or even months before you hear back from the seller. If you’re patient, you can wait for the response and maybe get a good deal. If you’re in a hurry to move, however, you may have to withdraw your offer and look elsewhere.

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