Posts Tagged ‘Real Estate Broker’

Protect Your Deposit When Buying Real Estate

Real Estate Advisor asked:


When you start the process of buying a home or any type of real estate, you’ll no doubt hear the term “earnest money deposit” (EMD). So what exactly is an EMD?

An EMD becomes relevant when you are ready to make an offer on a property. In most states, your Real Estate Agent prepares the offer on your behalf. The offer usually takes the form of a written contract that is submitted to the seller by way of their agent.

In addition to the offer document, sellers typically expect an EMD. An EMD is a monetary deposit submitted via check to demonstrate to the seller that you are a serious buyer. In some regions of the country, only a photocopy of the check is submitted with the offer, and the original check is delivered to the appropriate entity if the offer is accepted. Ask your Real Estate Agent to clarify how deposits are handled in your region of the country.

The check is usually made out to an independent third- party such as a Title Company, Escrow Company, Real Estate Attorney or your Real Estate Broker. Ask your Real Estate Agent to clarify who will hold the EMD.

The amount of the EMD sellers expect varies by region. The EMD amount is based on the customs and practices for a region, but is generally from 1% to 2% of the purchase price. In a competitive market place where demand exceeds the supply of homes, some buyers may offer a higher EMD than expected to impress the seller of their intent. In determining the amount of your EMD, consult your Real Estate Agent and balance the need to demonstrate your serious intent, against the good business practice of minimizing the deposit amount.

The amount of the EMD is usually applied to reduce the purchase price of the property or to cover closing costs, as you dictate. For example, if you are purchasing a $300,000 property and you give an EMD of $3000, then the remaining balance owned at closing is $297,000 (plus closing costs). Alternatively, you may direct that the EMD be applied toward the closing costs.

Once a valid contract for purchase is created, an independent third-party usually holds the EMD until the purchase is either completed or cancelled. At this point, the money belongs jointly to both the seller and the buyer.

In cases where you make an offer that is accepted but later decide to cancel the offer, the terms specified in the contract (or state law) will dictate if, and under what circumstances, the EMD is returned to you. Be aware that you could loose your deposit if you do not not comply with the terms of your contract. Your Real Estate Agent can provide you information about how EMDs are dealt with if a contract is cancelled.

Since state law varies by region and practices can differ even within the same state, be sure to consult your Real Estate agent about the rules that apply to EMDs in your region of the country. You should also be aware that the EMD is not related to any down payment that you make toward your home loan.



La Mirada Real Estate

The Residential Real Estate Selling Process in Austin Texas

Joe Cline – Austin Real Estate Broker asked:


Decide to Sell

Deciding to sell your home is a big decision. The first step in this process should be to understand your motivations, expectations, financial considerations, goals and what you plan to do upon the sale of your home. Many people begin the sale process with unrealistic expectations or unclear goals. It then becomes difficult to meet their goals because these goals have never been clearly defined. You must begin to view your house, no longer as your home, but as an investment property that you want to market.

Setting the Price

Of course one of your most difficult questions is the listing price of your house. What price should you ask? This is an important part of the sales process. If you set the asking price too high, you may scare away buyers. Agents who feel that your house would not be a good investment may not even show the house. After the house sits on the market for a while, people begin to feel that there is something wrong with it because it hasn’t sold. Even if you could sell your house for an inflated price, many times a lender won’t approve a loan on a house that doesn’t appraise for that amount and the sale might fall through at the last minute. If you under price the home, you won’t realize the maximum potential of your investment.

Marketing Plan

Decide on incentives that to be offered to buyers, determine the best places to advertise, and determine how to show the home. Remember that that goal is to sell the home for the highest price, in the least time, with the fewest hassles.

Prepare the Home for Showing

There are two important ways that you can have an impact in making your house attractive to buyers: property condition and listing price. After deciding on a listing price, setup an appointment with a decorating company. They will give you some suggestions for making your house look its best. This process is called “staging.” The suggestions might be simple such as clearing cluttered counter tops. Or they might be more involved such as painting front doors or repairing obvious defects.

The staging company will look at your house from room to room and will offer advice on how to make each room show great. They will also look at the exterior street appeal, backyard and garage. They have a lot of tips that can make your house shine. After this meeting, you will have a list of what you should do to prepare your house for sale. Following these suggestions in a timely manner will ensure your home shows at its best.

Remember that “staging” addresses the appearance of the house and not necessarily other problems, which might become evident during an inspection. An inspection will uncover most defects that eventually may have to be repaired. In this way you can have the repairs done before a potential buyer’s inspection uncovers a defect that might cause a buyer to either change his mind or to want a substantial repair allowance deducted from the price. It is a signal to buyers that you are a responsible, reputable seller. It also allows you to have plenty of time to schedule any work that might need to be done.

Offer a residential service contract to buyers. This guarantees the major appliances in your home as well as other systems and structures. You can also include coverage for your house while it is on the market so you don’t have to pay for any unexpected repairs.

Marketing the Home

Now the fun begins. Here are some ideas that can be used to promote your home.

It is important for you to keep your house in perfect condition everyday because buyers or agents might come by at any time. Keep the kitchen clean, make your bed every morning and keep clutter out of sight. It is especially important to keep pets and pet odors under control. Some wonderful added touches are fresh flowers and potpourri or freshly baked cookies.

As agents and potential buyers begin visiting your home either virtually on the Internet or in person, try to obtain feedback from the buyers. Make changes to the showing state, condition, and price as feedback deems necessary.

The Offer and Negotiation

You have an offer, now what? Sometimes the buyer will offer you the asking price and have no special requests. In this case, you sign that you accept the offer. Sometimes, the buyer’s offer is a lower price and might have other requests. You should consider what is best for you and make a counter offer. Consider carefully your response because if you counter offer, there is no guarantee that the buyer will respond again. Also remember that, once agreed upon and signed by all parties, an offer becomes a legally binding contract. Never get involved in oral offers and negotiation. If you verbally accept an offer, a buyer has no legal obligation to buy the house and may want to continue to bargain with you to see how low a price you will accept.

No matter how well you have prepared your house and how fairly you have priced it, there is always the possibility of receiving a low offer. It could be a limit to the buyer’s ability to purchase. Don’t take it personally and react angrily. This is business, it’s not personal. You can either reject the offer or make a counter-offer. Try to find out as much as you can as to why the offer was low. Certainly if other offers come in very low or if your home is not being shown or not receiving any offers consider adjusting the pricing.

Once the buyer and seller agree on the terms, the buyer will have the home inspected. If there are any problems that are found during this time period then the buyer can withdraw from the contract. The buyer might request that you complete certain repairs before closing or that you contribute a certain sum of money at closing to cover these repairs. If this happens, try not to let contract fall through. After the limited time period is up, the buyer is legally bound to buy your house unless they are denied financing. In the event of cancellation, the buyer would lose any earnest money. One exception to this is in the case of the buyer not receiving funding from the lenders. In that case then the buyer is not held responsible. For this reason, always ask the buyer’s agent for a letter showing that the potential buyer has been prequalified for a loan and, once a contract is signed, ask the buyer’s agent to keep you informed of the buyer’s loan application progress.

Closing

The exciting day is finally here! Verify in advance that all of the paperwork is in order. Request a copy of the HUD1 statement sheet so that you can read over it before closing. Feel free to ask any questions either before the closing or during the closing itself. Typically this is when you relinquish possession of the house so take the keys to give to the new owner.



La Mirada Real Estate

Real Estate Secrets: Which Builder Builds With the Highest Quality?

Joe Cline – Austin Real Estate Broker asked:


Which Builder Is The Best?

When clients come to their agent for advice it’s not uncommon for the client to ask the agent which builder is best or which builder builds the best homes and the like. Any agent who gives the name of a builder as the answer to this question is taking the easy way out to answering a difficult question. As for qualifying a builder to enter the running there are a number of items to address.



Is the builder financially stable? How would you like to end up with a half finished house and a bankrupt builder?

Does the builder have reference clients? Ask for references from several subdivisions and ages of homes. You don’t want to have a zillion problems 2 years after you move into the home.

What does the builder do in-house versus subcontracting? Who manages the home construction? Who does the actual work. You’ll want to know who the subcontractors are because they will be the ones building the house for the most part.

How does the builder ensure quality construction? The answers to this vary widely and anything that sounds made up or contrived should set off every alarm in the prospective buyer.



Take copious notes on the answers. Any misleading or untruthful statements here may be important to your cause later and could even trigger Texas’ Deceptive Trade Practices statues should you need to play hardball later. So long as you get satisfactory answers to the questions above you can begin to focus on ensuring the builder you selected is building a safe and quality home for you and your family.

You Are The Quality Control

As you may have already figured out there is no best builder. The process of taking a parcel of raw land and creating a family’s home is long and can be complicated. As with all projects communication is key. As new build clients you should feel comfortable contacting your on site sales representative and Realtor as often as you like. The on-site agent and your agent are there to help and make sure your purchase is smooth. Don’t be afraid to engage them.



Set a time for a weekly update call with the builder and your agent. Even if your call is 2 minutes on Monday morning and consists of a “Nothing has changed. We’re still waiting on the permits from the city.”, you’ll know the latest and greatest.

Get the building schedule and hold the builder to the schedule if time is important to you. You may give here to get other places if timing is not critical in your situation.

Visit the site often and take photos. If you see anything that looks odd or is not what you expected tkae a photo, document the question in email, and contact the builder and your agent IMMEDIATELY. Waiting to see why the builder is clearing a section of the lot that you thought was going to be your treed hideaway may turn out poorly.

Hire an independent inspector to conduct phase inspections. The builder should be notified before your inspector arrives. Ideally, the builder will notify the inspector a few days before each phase is ready to be reviewed. The inspector typically will come after the slab is poured, after framing is complete, after plumbing and electrical is installed, and after the home is completed.

Be detailed, but not unreasonable. If you notice something that is just plain sloppy or that will cause you issues later, bring it up with the builder. A lot of times the agent or superintendent may not have noticed what the subcontractor is doing or maybe a change order was missed and you are the first to find out. You are buying a new home, NOT a perfect home. No home is perfect, but a new home should be of high quality and to your specifications.



Be Dilligent

As you’ve discovered, your involvement in the building process can make all the difference. Stay on top of the ball and 9 out of 10 builders will meet your needs and build you a quality home. Sometimes you’ll even run across a builder that will build you a great home, nearly perfectly without your involvement, but why take the chance?

Happy building!



La Mirada Real Estate

The Residential Real Estate Buying Process in Austin Texas

Joe Cline – Austin Real Estate Broker asked:


Decide to Buy

The first step in buying a house is to try and understand what you hope to achieve. When you begin to think about buying a new house, there are many questions you should ask yourself such as: Why do I want to move? How soon do I want to move? How long do I plan on living in the home? For some people renting or putting off buying makes sense. Expect to commit to your home for 3-5 years if you want to avoid losing money on the home.

Needs Analysis

Once you decided that home ownership is right for you will want to decide a few things: What are the most important features to you in a house? How much do you want to invest in your home? Initially? Every month? Do you have lifestyle changes coming, such as adding a baby, having kids move out, or retiring? What part of town do you want to live in? What school district do you want your kids to go to school in? Once your goals are clearly defined you have your target.

Get Pre-Qualified

An important part of the home buying process is to be qualified for a loan. You should get a “pre-qualification” letter before you start actively looking for a house. Most lenders can provide this over the phone or with a simple 1-page questionnaire. This typically takes 20 minutes. Some data you should have ready is your and your spouse’s name, address, phone numbers, social security numbers, and past two years of employment, residential, bank, asset and debt information. If possible, you should try to get pre-approved for a loan which is a more serious level of commitment from a lender than a pre-qualification. To receive a loan pre-approval, all employment and credit is verified. This will mean that you are approved for a loan, subject to a final credit check and an appraisal of the subject property.

Make sure to inquire about all loans costs (origination fees, discount points, etc) and find out about closing costs. Closing costs are the fees for services, taxes or special interest charges that surround the purchase of a home. They include up front loan points, title insurance, escrow or closing day charges, document fees, prepaid interest and property taxes. Studies show that the closing costs, which can average 2 to 3 percent of a total home purchase price, are often more costly than many buyers expect. Unless, these charges are rolled into the loan, they must be paid when the home is closed. Finally, make sure your lender provides a Good Faith Estimate according to the Truth in Lending Act (Regulation Z). This allows you to “compare apples to apples” between different lenders.

Home Search

After you’ve found a house that you like, fits your needs, and has potential, you’ll need to prepare an offer. Determine whether or not the house is priced fairly by doing a thorough Comparative Market Analysis. Then review the seller’s disclosure and make appropriate adjustments and write your initial offer. Offers should include an earnest money check (made out to a title company), and an option money check (made out to the seller).

Some of the words in the previous paragraph may not be familiar to you. Let’s look at them:



Option Money – a check made out to the seller in exchange for the unrestricted right to terminate the agreement for a specified number of days. This is not found in many states.



Earnest Money – a check made out to a Title Company as a show of “good faith” that you are seriously intending to buy the house. The amount is usually around 1% of the home’s value.



Escrow Account – a special account administered by the Title Company that holds your earnest money until closing.



Title Company – a company that verifies the validity of a title and offers insurance to protect against problems with any liens on a property or clouds on a title. This company also conducts the closing.



Closing – the actual process of transferring the title of a house from the seller to the buyer (including assigning any liens to lenders for mortgages).



Inspection and Repairs

To protect your best interests, have structural and systems inspections done by qualified inspectors of your choice. Your lender will typically also require a termite and wood destroying insect (WDI) inspection. The inspection is a great opportunity to ask questions about your prospective home and learn important information about where everything is and how it works.

When the inspection reports come in, you will need to decide if the home is acceptable “as is”. If you require repairs to be made, then you will have to negotiate with the seller. At that point, you make a counter offer to the seller requesting either that the repairs be done before closing or extra money to be given to you at closing to cover repairs. The seller can either negotiate these points with us or decide to not continue to negotiate. If the seller rejects the offer and you do not want to buy the home as is, the contract falls through, the seller would be free to accept another offer, and your earnest money would be returned to you. If you come to terms an amendment to the contract will be made and we will waive our option to terminate. Then you will contact your lender to request an appraisal and start planning your move. A day before closing or on the same day, it is recommended that you walk through the house to make sure that everything is in order. This protects you from closing on a home that has been damaged in the move out process or that has been taken possession of by another party.

Closing

The exciting day is finally here! You will review the settlement statement (HUD-1) so that you can clear up any questions before closing. Possession of the home generally happens the same day that papers are signed, but sometimes a snag in the funding of the loan will cause a delay in possesion. For this reason it’s best to allow an extra day (or more if we are closing on a Friday or day before a holiday) before you need to be able to move in.

After closing you should file a change of address. File an official change of address form at you local post office or online in the advance so that your mail delivery will not be interrupted. Many corporations, such as credit card companies and magazine subscriptions, take 1 or 2 months to process a change of address.

Congrats! You are now a proud homeowner!



La Mirada Real Estate

New Home Mortgage Loan Troubles – Did We Not Learn From Past Real Estate Mistakes

Bob Schwartz, CRS,GRI, San Diego California real estate broker asked:


It seems that the decision makers running the Fannie Mae and Freddie Mac government refinance programs did not learn anything from the current, and continuing, housing bust.  If bad loans got us into the current mess, why do Fannie and Freddie think that more bad loans will get us out?  In a recent press release it was announced that the two government-owned agencies will now refinance loans up to 125% of the current home’s value!

Does this spell trouble for the FHA home loans? All facts from the mortgage industry and government point to the fact that mortgage default rates take a huge spike upwards with high loan to value loans.

I would venture to say that many of the mortgage debtors (in trust deed states) may not realize that by refinancing through this program, they will be going from a non-recourse loan to recourse refinancing, in many cases.

My bet is that actions like this will give a false sense of recovery for awhile, only to have us fall further in the future, much like the stimulus money is currently doing.

In his statement FHFA Director Lockhart said, “The higher LTV refinancing will allow more homeowners to strengthen their finances.” Do you really believe this? If the government really wanted people to stay in their houses, they would allow them to go into foreclosure and help them find alternative housing. Moving them into a 125% LTV recourse loan is setting them up for disaster and setting taxpayers up to take on the resulting new losses.

Perhaps the government is not being 100% honest in their touting this 125% refinancing program as a way to help people stay in their houses. In reality, it may actually be a way to help banks keep from writing down assets while they earn enough money to increase their capital base.

Some folks like to say that where California goes, so goes the rest of the country.  The “tax and spend” government in California did not yet come up with a comparable plan and have been beat to the punch by the Feds.  California’s 26 billion (or more) deficit, the absence of a viable budget, and the need for issuing IOU’s rather than cash payments, is no excuse.  Only a few months ago California tossed out $100 million towards a credit to new home buyers for 5% of the purchase price (up to $10,000).  Now that the first pot of money is depleted, there are two new bills pending in Sacramento proposing to double or triple the original $100 million.



La Mirada Real Estate