| Time
for Your Offer to Buy
Negotiating the Purchase
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367-1200 for a FREE
pre-approval
You've found it-your "dream" house! You
want to buy it. Now what? You make an offer by submitting a signed real
estate offer to purchase with the type of financing you desire.
This will be the sales contract, once
the seller accepts. When you and the seller sign, you are agreeing to the
contract conditions. Before you sign it, read it carefully and make sure
you understand every detail. Ask questions. Verbal agreements should be
written into the contract. If you plan to have a lawyer represent you or
advise you, retain one as early as possible. This is where your Real
Estate representative and an attorney can give you the assistance you
need.
Offers and Counter Offers
In Today's market
most selling brokers will request a "pre-approval" from a lender to verify
that you qualify with a mortgage to purchase the home. GMAC Mortgage will
provide you with a FREE pre-qualification.
Your Professional Realtor will take the offer to a "contract presentation" with the home
seller and the listing broker. In some areas the three of them will
discuss the offer, and the seller will accept it as written, or make
"counter offers" on unacceptable aspects, or reject it. The selling broker
will then bring back the offer to buy to the home buyer, who can accept
it, counter-the-counter offer , or reject it. The offer to buy becomes a
contract when all parties have initialed every counter and signed the
offer.
When you sign the offer to buy you also
will have to submit a deposit to show that you are earnest about your
desire to by-appropriately called "earnest money".
Making Sure Your Contract is
Complete
Sales contracts differ, depending on
circumstances, but there are several provisions you may want to include in
a contract for the purchase of real estate.
1. Deposit. The
amount of "earnest money" should be clearly stated, plus the amount of
money you will be paying at settlement and your sources of financing. A
common purchase deposit in many areas is 5% of the purchase price,
deposited on escrow.
2. Contingency on Financing.
Be specific about the total loan amount, the date the second or third
mortgage is due, and the exact financing terms (for instance, a buy-down
mortgage rate at 6 1/2% for three years and 9% thereafter for 27 years.)
Many contracts have an "alternative financing clause" that allows buyers
to accept different financing than that which is written in the
contract, as long as it doesn't affect seller's net proceeds.
3. Contingency on Inspection.
You may make the contract contingent on a building inspection
report. You will usually have to pay for this inspection, but the peace
of mind or detection of a problem is well worth the cost of inspecting.
4. Termites. The
contract should require the seller or buyer, in some areas, at his or
her expense, to pay for a termite inspection, removal of the infestation
if needed, and repair of any damage as necessary. You should get a
written report at settlement indication that the property is free and
clear of any active termite infestation. In some areas, well and septic
certificates are also required.
5. Personal Property.
Light fixtures, drapery rods, chandeliers, washers, dryers,
refrigerators, heating oil in the tank, firewood, even swimming pool
chemicals and other items not physically attached should be specified in
writing if they are not to be conveyed to the buyer. Misunderstandings
based on verbal agreements can delay settlement as well as cause
friction.
6. Repair Work. Stand
contracts of sale require sellers to be responsible for plumbing,
heating, mechanical, and electrical systems to be in working order at
time of settlement. You should conduct a "pre-settlement walk-through
inspection" which should be made several days before or no later than
the day of settlement.
7.Title Attorney or Insurance
Company. The buyer has the right to select a title attorney or
insurance company. you should shop and compare prices before deciding
what attorney or title company will conduct your settlement. Also, be
sure to clear the title company with the lender, whose interests are
also involved.
8. Closing and Occupancy Date.
Include an arrangement with the seller in the event you can't
secure possession on the agreed date. Such as a daily rent-back
agreement for "post-settlement occupancy."
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