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Audrie’s Home Buyer’s Guide Homebuyingtips.net
www.audrie.com www.homebuyingtips.net Copyright © 2003 by audrie.com |
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Table of Contents
How much house can you afford? *Page
Down payment __________________________________ 5
No Money Down ___________________________ 7
Government Programs ___________________________ 8
Closing costs ___________________________ 9
How big a mortgage loan? ______________________ 10
Monthly cost of home ownership ________________ 11
Where do you want to live?
School quality ___________________________ 15
Crime rates ___________________________________ 16
Other criteria for choosing a neighborhood ____ 17
Audrie's Neighborhood check list ______________ 20
Getting Pre-approved for a Mortgage Loan
Mortgage basics ___________________________ 22
Points ___________________________________ 23
Comparing mortgage loans ______________________ 24
Adjustable rate mortgage loans ________________ 25
Choosing a mortgage lender ____________________ 28
Documents required by mortgage lenders ________ 30
Selecting a House
Things to look for when viewing a home ________ 32
Buying a new home _____________________________ 37
Buying a pre-owned home _______________________ 38
Selecting a real estate agent _________________ 40
Working with a real estate agent ______________ 43
Home inspectors _______________________________ 45
Negotiating a Price
Evaluating the Seller's asking price __________ 47
Negotiating tips ______________________________ 49
Preparing an offer to purchase ________________ 52
Seller's counter offer ________________________ 61
Closing the Deal
Events between signing a contract and closing _ 63
Closing day ___________________________________ 64
The Settlement Statement ______________________ 65
(*Page numbers are based on printing from the web with Microsoft Explorer. Other browsers may insert blank pages or end pages on different lines.) |
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As you might expect, the material is grouped into the same six sections found on our web site. How much house can you afford? Where do you want to live? Getting pre-approved for a mortgage loan. Selecting a house Negotiating a price Closing the deal |
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Audrie’s Calculators Our web site includes several calculators to estimate most things you might want to estimate during the home buying process. One of the simplest of these calculators is depicted below (and at: http://www.homebuyingtips.net/Down_payment.htm ).
After entering the purchase price of a home and the cash available for a down payment, click “calculate” to get the amount of the required mortgage loan plus an estimate of closing costs. This is not all that helpful but it’s a good introduction to using our calculators, which, by the way, do not accept $ signs, commas or periods. In all cases a number such as $84,500 must be entered as 84500. $79.95 must be entered as 79. All of our Calculators for home buyers can be accessed from links at: www.homebuyingtips.net/Calculator_index.htm or from the link directory in the left column of most of our web pages. Popular Calculators
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Down Payment “If I had known, I would have started saving much sooner” - I must have heard that phrase a thousand times during my career as a real estate agent. Earnest people with well paying jobs had simply failed to save enough cash for a reasonable down payment on a home. The 20% Solution: In an ideal world you would have saved $20,000 as a cash down payment if you wanted to buy a $100,000 house. That is 20% of the purchase price. Why not 10 or 15 percent? Actually, homes can be bought with as little as 3% or even zero down payment, but the best terms and lowest interest rates are reserved for those with 20%. Lenders have learned that buyers are not likely to default and walk away from a home in which they have invested a 20 percent cash down payment.
Lenders hate foreclosures because the foreclosure process is expensive. They would much prefer you stay around to sell the house and pay off their mortgage loan, and they reason that you are not likely to abandon a house in which you have a 20% investment ($30,000 in the case of a $150,000 house). Most mortgage lenders will require private mortgage insurance (PMI) if your down payment is less than 20 percent of the purchase price of the property. PMI protects the lender if you default on repaying the loan. By itself, PMI is not very expensive, but Buyers with low down payments are also charged higher mortgage origination fees. These combined fees can push the cost of a mortgage loan to 4% of the loan amount ($3,200 on a $80,000 loan). A 20% down payment is almost always the cheapest way of purchasing a home. But 20% can be a big number, so if the down payment needed to purchase a $140,000 home are stretching you, consider scaling back to a $110,000 or $90,000 home where you might more easily afford the 20% down payment, …or see if you can get help from family, friends or government programs. The 10% Standard: with rising home prices making it impossible for most first -time home buyers to come up with a 20% cash down payment, 10% has become the standard for people buying their first home. These buyers pay a monthly fee for private mortgage insurance (PMI) and a higher interest rate than buyers with 20% cash but they pay a lot less than buyers with only 5% of the purchase price in cash. |
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Can your family help ? More than 20 percent of all first time home-buyers get financial help from parents or other relatives. If Mom and Dad can truly afford a $10,000 loan, don’t be afraid to ask. The lender will probably ask them to sign a letter stating that the money is a gift that does not have to be repaid. Your parents might also have to provide a bank statement or other document to show that they have the money to give. Your parents can also help with a cash loan. Some lenders will not grant a
mortgage loan if all of the buyer’s down payment is borrowed, but in many case, lenders will
simply factor in a repayment plan to your parents with your other financial obligations. That
will reduce the size of the loan they are willing to make, but it might be enough to buy that
dream house. Get a partner or two. Typically, partners purchase a two-family house, and each takes one apartment, but sharing a single-family house is increasingly popular. People who can’t afford a $180,000 house in a nice neighborhood, simply purchase half that house at $90,000. This works best when the house is laid out in manner conducive to sharing. For example, a house with a master bedroom/bath at one end and another bedroom and bath or two at the opposite end works better than a layout with all of the bedrooms clustered at one end of the house. Get a lawyer to draw up an agreement covering every aspect of the joint ownership, and absolutely do not buy with a partner without full disclosure of each others financial situation. “…in my experience joint ownership works best when each partner has similar incomes and assets” … Audrie
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Government Programs The Federal Housing Administration (FHA), the Department of Veterans Affairs (VA) and the Farmers Home Administration (FmHA) all sponsor programs that enable buyers to purchase homes with extremely small, and in some cases zero down payment. These agencies do not provide mortgage loans themselves. They insure the lenders against loss on loans to people who qualify for federal programs. Secure in the knowledge that the Federal Government will pay off your loan balance if you default, mortgage lenders are willing to provide low interest loans with very low down payment. The FHA helps low-to-moderate income folks get mortgage loans with as little as 3% down payment. These loans are not available in all areas and tend to be concentrated in neighborhoods targeted for development. The FHA is part of the Department of Housing and Urban Development (HUD), so check with the HUD web site at www.hud.gov/buying/mortprog.cfm to find out if your income and target neighborhood qualify you for a FHA insured loan. Due to paperwork required by federal agencies, not all mortgage lenders choose to participate in the FHA program, but the FHA (or the above web site) can provide a list of approved lenders in your area. The VA helps veterans and eligible people on active duty buy a primary residence. Like the FHA, the VA can provide a list of mortgage lenders that participate in the VA’s low down payment and low interest loan program. Check the VA’s web site at www.homeloans.va.gov/ RHS: The Rural Housing Service of the U.S. Department of Agriculture offers both direct loans and loan guarantees to people buying homes in a rural area (and in some counties that can be a lot closer to downtown than you might imagine). Direct loans are available to home-buyers with incomes below the median income of the community where they live. Mortgage guarantees are available for mortgage loans up to 100% of the appraised value of the property. Check the Rural Development web site at: www.rurdev.usda.gov/rhs/Individual/ind_splash.htm State Mortgage Programs Most states offer a home-buying program for first timer home-buyers that features low down payments and low interest rates. These programs are usually handled by a mortgage finance agency or housing finance authority, and they operate very much like the FHA in that they target their help to lower income people in certain towns and parts of towns. Contact your governor's office for the name and phone number of your state’s mortgage finance agency. |
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Closing Costs On closing day the Buyer and Seller meet at the office of the closing attorney, Escrow Agent, or Title Officer, and finalize the sale. The Buyer gets the deed to the property, the Seller gets her cash, and all expenses related to the sale are paid. These fees and charges are grouped together and called closing costs, a term that generates confusion because there are two distinct types of closing costs and people seldom specify which type they are talking about. 1. Mortgage loan origination fees: The larger of the two types of
closing costs, these range between 2% and 3% of the mortgage loan amount. This includes the
application fee, credit report fees, a processing fee and most important, points, a form of
interest paid up front as a one-time fee. 2. Other Closing Fees: (Buyer's closing cost)
Buyer's closing cost average about 1% of the purchase price, or $1,000 for a typical $100,000 home. |
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How big a mortgage loan ? Mortgage lenders decide how much money they will lend you based on methods similar to Audrie’s Mortgage Size Calculator at: www.homebuyingtips.net/Mortgage_size.htm or www.homebuyingtips.net/Buyers/Mortgage_size.htm Audrie’s calculator will estimate a maximum mortgage loan amount based on your gross annual income and current monthly payments on long-term obligations such as auto-loans, credit cards, and other unavoidable recurring payments. The program makes statistical assumptions about food, clothing, housing and all other expenses, then estimates: The calculator initially assumes that you can put down 10% of the purchase price but the down payment can be moved up to 20% or down to 3% to see the effect on maximum mortgage loan amounts and home prices. These estimates are for conventional mortgage loans (those not backed by a government agency). Buyers qualifying for VA or FHA loans should get slightly larger loan amounts. Audrie’s calculator provides accurate estimates because most mortgage lenders follow loan-evaluation criteria set by Ginnie Mae (GNMA: the Government National Mortgage Association) and Fannie Mae (FNMA: the Federal National Mortgage Association). Mortgage lenders follow these criteria because Ginnie Mae and Fannie Mae guarantee repayment of loans that meet their rules. In what appears to be a trend, more and more lenders are using loan evaluation software provided by Fannie Mae, or at least following the Fannie Mae formula that aims to keep the borrower’s monthly "housing expense" below 33% of monthly before-tax income, where monthly "housing expense" is defined as monthly mortgage payment + property taxes + insurance. Given that mortgage lender's calculations ignore the cost of neat stuff like maintaining the house, or savings for college tuition and retirement, most of us should focus on mortgage amounts less than the maximum a mortgage lender will lend. If lenders are willing to loan $160,000, we would advise planning on a $130,000 loan and a house costing no more than $155,000. Why bother shopping for a mortgage loan if all mortgage lenders use the same evaluation criteria? Because lenders use the same criteria to decide how much they will lend, but they use very different criteria to decide how much they will charge in terms of interest rates, points and other fees. One mortgage lender might charge $1,600 in up front fees for a $120,000 loan, while another lender might charge as little as $400 for the same size loan. |
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The Monthly Cost of Home Ownership On this and the next few pages we provide detailed calculations which might be more than you care to know at this time. You can easily skip to page 15 on the first reading. On the other hand, the monthly cost of home ownership is the most important number in deciding what you can afford to pay for a home. Unless you like living dangerously, the monthly cost of home ownership had better fit comfortably within your monthly income. First we will explain Audrie’s calculator. If you have a computer handy and can get to the Internet, the discussion will be easier to follow if you go to our calculator at: www.homebuyingtips.net/How_big_a_house.htm . This calculator estimates monthly cost of home-ownership. We’ll review the terms used by the calculator then take you through a manual calculation. Use the calculator by entering the price of a house you are interested in buying and a down payment you can afford (as with all Audrie calculators, commas, $ signs, and periods are not accepted: enter $149,000 as 149000). Click calculate and the calculator calculates the mortgage loan amount needed and the monthly mortgage payment needed to carry that mortgage amount. The estimated monthly payment is initially based on a 30 year fixed term mortgage at 7% interest rate, but the term can be changed to 15 or 20 years. The interest can be moved to as low as 5.25% and as high as 9.75%. In addition to the monthly payment, the calculator estimates monthly cost of home-ownership by including estimates for:
Monthly Property Taxes |
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Monthly Maintenance Monthly Property taxes After-tax Monthly Cost of Home-ownership Manual Calculation of Monthly Cost of Home-ownership Start by using Table I on the next page to estimate basic monthly mortgage payments. Go to the first column of Table I and find “7%,“ then go across to the “30 Year” column to find $665.30 as the monthly payment on a $100,000 loan. Unless you happen to have a $100,000 loan you will need to convert the $665.30 to the monthly payment for your loan amount. You do the conversion with the following formula: Your Loan amount x Payment shown in table
= Your Monthly mortgage payment
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Table I
Your Monthly payment = Your loan amount x Payment shown in table For our example we need the monthly payment for a $135,000 loan so we substitute $135,000 for “Your Loan Amount” in the above formula and 665.30 from the table as follows: Your Monthly payment = $135,000 x 665.30 = $898.15 $898.15 is the basic monthly mortgage payment for our $135,000 mortgage loan. To this we must add Property taxes, Insurance, and Maintenance. We estimate these by using the following national averages: Property taxes (annual): 1.5% of the purchase price. Property taxes (annual): 1.5% of the purchase price. |
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Maintenance (annual): 1% of the purchase price Insurance (monthly): .036% of the purchase price This is already in monthly form so we don’t have to divide by 12, we simply replace Purchase Price with the $150,000 price of our sample house. Monthly Insurance = .00036 x Purchase Price = .00036 x 150,000 = $54.00. The easy part is adding monthly property taxes, maintenance and insurance to the monthly mortgage payment to get pre-tax monthly cost of home ownership. Monthly mortgage payment $898.15 Monthly Property taxes 187.50 Monthly Maintenance 125.00 Monthly Insurance 54.00 Monthly cost of home ownership $1,264.65 (pre-tax) The above ignores the considerable savings in income tax that comes from home ownership. To get a more accurate picture of the cost of home ownership we need to estimate the tax benefit and subtract that benefit from the pre-tax monthly cost. Start by multiplying the basic monthly mortgage payment by 12 to get the annual mortgage payment ( 12 x $898.15 = $10,778) which for the first few years is a good estimate of your deduction from taxable income. Subtract your annual mortgage payment from last year’s taxable income to get a new taxable income. Use the Federal tax tables to calculate a new, lower tax on the new, lower taxable income. The difference between your original tax and the new, lower tax is your annual tax benefit from home ownership. Divide this annual tax benefit by 12 to get a monthly tax benefit. The after-tax monthly cost of home ownership is equal to the pre-tax cost minus the monthly tax benefit. |
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Location, location, location Most buyers know where they want to live, usually close to work, friends and family, and in homes that testify to their hard work and success. Typically, several neighborhoods will meet those requirements.... You may get lucky and find the perfect neighborhood right away, but you are far more likely to end up considering the strengths and weaknesses of several neighborhoods, which on the surface, look very much alike. We advocate a walking tour through each neighborhood. A walk, not a slow drive! You don’t meet people when you are driving and what you want to do is talk to people who live in the neighborhood. Ask how they feel about their neighborhood. Spark a little neighborhood rivalry by mentioning the other neighborhoods you are considering. Okay, so you’re too shy to ask strangers about their neighborhoods. Look to your real estate agent. A good one can guide you to the neighborhoods with the most value, which usually means neighborhoods with good schools and low crime rates. Schools Press your real estate agent for details about the school system. Ask the following:
Buyers with children should take the time to visit schools. Principals and teachers are usually happy to talk with prospective parents. If pressed for time, good school information is available on the Internet at: |
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Crime Rates Can you go out safely at night? Are break-ins common? Does the town maintain rescue vehicles? How large is the police force in relation to the population? How does this compare with other areas? Real estate agents are often reluctant to knock a neighborhood, but the community relations department of the local police force can provide much of this information, sometimes even over the phone. Look them up in the local telephone directory. Like school reports, crime rate statistics are available on the Internet. The
following sites provide free crime rate statistics for most neighborhoods: For a fee, crime rate statistics are also available at HomeFair’s Relocation Crime Lab: www.homefair.com/homefair/calc/crime.html
Go to our web page at: www.homebuyingtips.net/Location_crimerate.htm for links to all the above sources of crime rate statistics.
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Other Criteria for Comparing Neighborhoods Even when we know crime rates and school quality we often find ourselves spending time visiting neighborhoods and touring houses then coming home with a jumble of feelings and not enough tangible stuff to compare. Audrie's Neighborhood checklist is a handy and simple tool to compare neighborhoods on criteria such as price trends, personal comfort and convenience. Most of the checklist items are described below. Use them in conjunction with advice from your real estate agent. Price Trends (Price information is not available to the public in Texas and a few other states, but real estate agents can get this information for prospective buyers) Not the analytical type? Price trend can be estimated by the factors that drive value. Prices move up in neighborhoods with lots of jobs, quality schools, low crime rates, stability and lots of amenities. Jobs Stability Amenities
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Shopping Traffic Garbage collection Sewers Water Road service Fire department Library services
Check the library bulletin boards. A bulletin board full of notices indicates a lively community. |
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Social services Recreation Accessibility to work
Neighborhood checklist:
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Audrie's Neighborhood check list Name of neighborhood:________________________________________
Real estate agent: _____________________________________________ |
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Getting Pre-Approved for a Mortgage Loan Most buyers want to look at homes... they shop for a mortgage loan only after they've fallen in love with a house. Arguing against that approach is like shoveling water with a sieve but we keep trying because all the logic is on the side of shopping for a mortgage loan before you shop for a house. For starters, you can find your dream house then see it get sold to another buyer while you wait for mortgage loan approval. Sellers may refuse to consider your offer because without a pre-approved mortgage loan you can't prove you have the financial resources to purchase a home. Worst of all, you can end up paying through the nose for a mortgage loan you could have gotten for thousands of dollars less if you had taken the time to shop. Definitions:
Audrie's Advice:
Do your homework:
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Mortgage Basics When we say basic we really mean basic.... Definition Mortgage loans are used to pay the difference between the purchase price and the cash you have for a down payment. A person with $15,000 in cash ------------- ------- $15,000 Mortgage lenders charge for the use of their money. The biggest fee is the interest, expressed as an annual percent of the loan and typically falls in a range between a low of 4% and a high of 12%. Interest rates are rightly the most important thing about a loan, but because it is charged over the entire life of the loan, interest rate might not have as big an immediate impact as loan origination fees which must be paid in cash on closing day. Mortgage loan origination fees consist of:
Application fees
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Credit report fees Before you apply for a mortgage: Appraisal fees:
Points: Points are connected to the on-going interest rate for the mortgage loan.
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Comparing Mortgage Loans To compare mortgage loans, one needs to combine interest rate and origination fees. This is what the annual percentage rate (APR) was created to do. The APR combines the base interest rates with the points and all other loan fees to produce a single interest rate. The APR is always higher than the base interest rate for loans that have points or fees. Fixed Rate Mortgage Loans Our calculator at: www.homebuyingtips.net/Mortgage_basics.htm shows monthly payment amounts for a $85,000 loan. This small calculator lets you change the mortgage term from 30, to 20 to 15 years and see the effect on the monthly payments. At an interest rate of 7.5% The 30 year, $85,000 fixed rate loan is paid back in 360 (30x12) monthly payments of $594 each. The 15 year loan is paid back in 180 payments of $787, or almost $200 per month more than the 30 year loan. Most people select 30 year fixed rate mortgage loans precisely because the monthly payments are much smaller than the payments on a 15 year loan. When we look at total payments for a $85,000 loan at 7.5% interest, for 15, 20 and 30 year terms, we see that the interest paid on a 30 year loan is almost twice the total interest paid on a 15 year loan:
With a 30 year mortgage, the borrower pays $594 each month for 360 months for a total of $213,840: ($85,000 to repay the principal plus $128,840 in interest ! ) A 15 year mortgage loan is usually the least expensive way to go, but only for those who can afford the larger monthly payments. If you plan to keep the house for ten or more years, look at our calculator for monthly housing cost at: www.homebuyingtips.net/How_big_a_house.htm and consider a 15 year mortgage loan. As we will see below, an adjustable rate mortgage loan might even be cheaper, but with a fixed-rate loan you have the advantage of knowing what your monthly payment is going to be and that makes it easier to budget and plan the rest of your personal finances. |
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Adjustable Rate Mortgage Loans Because they can’t see into the future, mortgage lenders believe they take greater risk when they accept a fixed interest rate for a long period. When we compared $85,000 mortgage loans at terms of 30 and 15 years, we assumed for simplicity that both loans were available at a 7.5% interest rate. In the real world, if a 30 year loan is available at 7.5%, a 15 year loan might carry an interest rate closer to 7.25%. In general, the shorter the term, the lower the interest rate, with the lowest rates available for one to three year loans. Mortgage lenders charge lower interest rates for short-term loans because common financial instruments (such as Treasury Bills) provide easy means to forecast short-term interest rates, or at least protect against fluctuations in short-term rates. Adjustable Rate Mortgage Loans (ARMs) take advantage of lower short-term interest rates by guaranteeing the interest rate for only the first few years. As you might expect, adjustable rate mortgage loans start out with an interest rate lower than a fixed-rate mortgage loan for the same amount. The catch is, as the word adjustable implies, the interest rate may change as often as every six months. Few borrowers would accept a loan with interest rates that could increase without limit, so the Adjustable Rate Mortgage will usually specify limits called "caps" on how much the interest rate can increase.
Lets take a look at how this would work for a 30 year Adjustable Rate Mortgage for $85,000 with an initial interest rate of 6.25%, an annual cap of 2% and a life-time cap of 7%
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For the first two years the interest rate is locked in at 6.25% and the monthly payment fixed at $523. In the third year the interest rate is allowed to rise to 8.25% while the monthly payments rises to $638. However, and this is a big however, the interest rate on this loan will not increase beyond the initial 6.25% if interest rates on Treasury Bills and CD’s fall or remain the same as they were at the start of the loan. Adjustable Rate Mortgage Loans have two big attractions for the average home-buyer:
Lower Monthly Payments Larger Mortgage Loan Amount Consider an adjustable rate mortgage loan only if you:
How would rising interest rates impact your financial security?
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Unless you are among the independently wealthy, don’t consider an adjustable rate mortgage loan unless you can answer the following questions with a resounding “yes!”
How long do you expect to be in this house or hold this mortgage loan? Why? Because the interest on an adjustable rate mortgage loan (ARM) is guaranteed at a low rate for the first two or three years. This initial low interest rate plus the cap on annual increases means that for the first five or six years, an adjustable rate mortgage loan is usually cheaper than a fixed rate loan of the same amount. If you plan to hold onto your home for much more than seven years, a fixed-rate mortgage loan probably makes more sense, especially if you have trouble with fluctuating monthly payments. Hybrid Mortgage Loans: A hybrid loan is a type of adjustable rate mortgage loan that has an initial period of three to five years rather than the two years standard in most adjustable rate mortgage loans. Because of this longer initial period, the hybrid loan has a higher initial interest rate than a standard ARM, but still lower than the interest on a fixed term mortgage loan. If a $85,000, 30 year fixed term loan has an interest rate of 7.5%, a standard adjustable rate loan for $85,000 might have a initial interest rate of 6.5%, while the hybrid loan might carry an interest rate of 6.75%, somewhere between the fixed rate loan and the standard adjustable loan, but closer to the adjustable. If you plan to own your home for less than eight years, a hybrid mortgage loan will probably be cheaper than a fixed rate loan, and safer than a standard adjustable rate mortgage loan. |
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Choosing a Mortgage Lender If you hate shopping, we sympathize, but unless you get a thrill from throwing away money, you need to shop …and shop for a Lender or risk paying tens of thousands more than you need to pay. At 7.5%, a 30 year $100,000 fixed rate loan costs almost $16,000 more than a similar loan at 7.0%. "Up-front" costs in points and fees can vary by thousands of dollars between lenders. Our grandparents might have applied for a mortgage loan at the local Savings and Loan bank, but the mortgage industry has changed drastically as Savings and Loans have gone bankrupt or been absorbed into larger commercial banks. Today, most mortgage loans are provided by mortgage banks, which are not really banks in the sense that they don't accept deposits and they don't offer checking accounts. Thousands of these mortgage banks compete for every mortgage loan, which (because they don’t have deposits, or any other huge pool of cash) they promptly sell to replenish their capital. Apply for a mortgage loan at your neighborhood big-name bank and the loan officer will most likely offer you a loan from a mortgage bank. Almost all these mortgage banks use Fannie Mae (FNMA: the Federal National Mortgage Association) loan-evaluation criteria that aim to keep the borrower’s monthly "housing expense" below 33% of his or her monthly before-tax income. People with the same before-tax income tend to get the same mortgage loan amounts, but interest rates and up-front points and fees can vary widely. Use Audrie's two step shopping method
Step One: Find the best mortgage loan on the Internet You can find out how much you can borrow at www.iown.com/index.htm or you can use Audrie's calculator at www.homebuyingtips.net/Mortgage_size.htm. You can shop for a mortgage loan at www.iown.com/index.htm or at the E-Loan web site at: www.eloan.com/ These sites will:
Get a list of mortgage lenders at MonsterMoving. www.monstermoving.com/Mortgage_and_Finance/Quotes/ |
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Phone MonsterMoving lenders who offer the lowest annual percentage rates (APR), a number that combines the base interest rate with the points and all other loan fees to produce a single interest rate for comparison purposes. Check the real estate section of Sunday newspapers for tables of mortgage lenders and their current interest rates. These tables might not include the lowest available rates, but newspapers are still a good and easy place to start even if you have access to more complete information on Internet sites. Check with HSH Associates: Step Two: Find a local Mortgage broker Find a local Mortgage broker and ask him or her to match the best interest rate you found on the Internet. Finding a local mortgage broker:
If none of the above turns up local mortgage brokers, find some in the local telephone directory. Mortgage Brokers A mortgage broker is a must for people with:
What if you can’t find a local mortgage broker? |
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The long list of personal documents required by mortgage lenders Items on this list might drive you to ask if your constitutional right to privacy is being invaded. Don’t bother, the list has met and conquered all legal challenges. The good news is that the entire list most likely does not apply to you, not unless you are simultaneously getting a divorce, completing bankruptcy papers, and being relocated by your employer. The bad news is that the list of items that applies to you is still long and very personal. We might not like giving up copies of our bank statements, pay stubs, and tax returns, but lenders need these to decide if we are dependable, good risks for a mortgage loan. Required documents:
Permissions to inspect your finances If turned down for a mortgage loan Pay off the credit card debt, and consider asking Mom and Dad to cosign your loan. You might also choose to set your sights lower. You might actually qualify for a mortgage loan to buy a less expensive home. |
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Things to look for when viewing a home Strolling through homes is the fun part, so much so that we often loose track of our purpose. Be sure to take a notebook and for starters, record the address, price, number of bedrooms and owner's phone number. A plan that works well is a two pass approach where you eliminate homes on the first viewing then go back for a second look at the two or three homes you like best. A half hour should be enough time to view a home on the first pass. If you stumble onto a house you love, ...Strangle your emotions! Unless you want to pay more than you have to, don't let the Seller know you would "die" to have her kitchen.
Basements: Bedrooms: Attic additions and basement bedrooms are a plus if they provide five bedrooms in a four bedroom price range. If the fourth bedroom is an attic addition with sloping ceilings, or located in the basement, the home should sell for less than homes with four regular bedrooms. Closets:
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Dining Rooms: Direction: Driveways: Entranceways: In northern states, the "ideal" back door opens into a mud room, a back hallway, or cubicle where there is space to hang coats and remove wet boots. In the sunny South, back doors often open directly into the kitchen, which is better than opening into a carpeted family room. Fireplace: Garages: Heating:
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The second consideration is heating method (heat pump, steam radiators, circulating hot water, forced air, and baseboard).
In House Traffic Patterns:
Kitchens: |
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Laundry Facilities: Many builders place a washer and dryer in the kitchen, behind folding doors. This does not usually hurt resale value, but if you don't like having dirty laundry in the kitchen, lower your bid on this type house. Pool: Windows:
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On each viewing look for the following problems and make notes
The above defects are out in the open for attentive buyers to see. These can be used to eliminate homes from consideration but remember that some defects are hidden behind the walls, on the roof or out of site inside the furnace. A professional inspector is required to spot signs of hidden defects.
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Buying a New Home Some people only consider new homes. They don't buy used cars so they're not interested in pre-owned homes. Here are some good reasons to prefer new homes:
A new home should be inspected before the walls are closed up, while structural problems are out in the open. Before making an offer on a new house built by XYZ Homes visit an older development built by XYZ Homes and ask owners if they would buy from XYZ Homes again. Okay, you're shy, but your home is the biggest investment of your life! Drive slowly and stop where someone appears to be home. You'll be surprised at how helpful strangers can be. If XYZ Homes had to be sued and forced by courts to keep their promises, owners will gladly tell. New homes can be great but they also have their the down side:
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Buying a Pre-Owned Home The best homes in America are pre-owned, but you don't have to live in the White House to find big advantages in older homes. A few advantages of older homes:
The downside of older homes:
Buy Homes that can be Sold at a Profit: Like most of us, your home is likely to be your single biggest source of wealth, so the idea of picking a home that can be sold at a profit should be close to the top of your selection criteria. Yes, you want a house that fits your family’s life style, but before making an offer to buy a house, consider this: Will the things you love about this house make it easy to sell ? |
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For instance:
Will the average buyer want these things when you are ready to sell? Don't buy this house if the honest answer is no. Homes outside the prevailing norms of a neighborhood are hard to sell. Don't buy:
Avoid neighborhoods and blocks filled with "for sale" signs, especially when sales are driven by plant closings or lay-offs. If you love the house, take the time to walk through the neighborhood, …on foot!
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Get a good real estate agent Good real estate agents are good teachers: they explain the home-buying process step by step. He or she knows your target neighborhoods and can:
The best real estate agents work full time and they specialize. They restrict themselves by neighborhood and type of property, so they get to know each block or sub-division. A good agent is a key asset in finding the right home but always remember that agents work hard to make a living and they don't get a dime until a home is sold:
Clients who know what they want get the best service. Clients with pre-approved mortgage loans get the best service of all. Finding a good agent: Get referrals for agents working in the areas where you want to live (you want to interview at least two good agents). Sources of referrals:
Not enough referrals? |
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Questions to ask prospective agents: Will you work with me personally or will I have to work with an assistant or associate ? Even the best agents can have idiot assistants. Will you be representing me, the seller, or both ? A few states have experimented with “Buyer’s Agents,” but in most cases you will be dealing with an agent who legally represents the Seller. This is not a bad thing as long as you understand that the agent is obligated to get the highest possible price for the property and cannot press the Seller to reduce his or her price. The agent can compare the Seller’s asking price to recent selling prices of similar homes, but don’t look to your agent for advice as to how low the Seller might drop his price. How many homes have you sold in my target neighborhoods ? Agents who have sold homes in your target area can give better advice about prices and other things about the neighborhood. How many clients are you currently representing ? The best agents have the most clients, but you don’t want an agent who has little time to consider your needs. How familiar are you with searching for homes on the Internet ? The Internet is an increasingly important source of information about homes for sale. Agents not familiar with the Internet might be “out of touch” and unable to provide the most current information. Select an agent who:
"Playing the field" and using several agents can be counter productive:
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How to work with real estate agents Buyer's who know what they want get the best service because:
Do your homework: In section two, (page 15) you should have selected the neighborhoods where you want to live and done a reality check by searching Internet sites such as Realtor.com to make sure homes in your price range can be found in the selected neighborhoods. Prepare a written list of your requirements for a home. If you really want a second full bath or a finished basement be sure to tell the agent. Below are some items to consider for your personal list. Style Colonial, contemporary, ranch, split level
Age New, since 2000, since 1950…
Construction Frame, brick, brick front, masonry…
Interior square feet 150, 2000, 3000, 4000…
Property size in acres 1/3, 1/2, 2/3, 1.0, 2 & up…
Bedrooms 2, 3, 4, 5, 6…
Full baths 1, 2, 3, 4…
Half baths 1, 2, 3…
Garage 1 car, two car, three car…
Extras Deck, finished basement, security system,
Air conditioning Central, none, window
Heating Gas, oil, electricity, radiators, forced air…
Sewage Municipal sewers, septic tank…
Water Municipal supply, well…
Elementary school Walking distance, on bus route…
High school On bus route, within 15 min. driving
Grocery shopping Within 5 minutes drive, 10 minutes
Fast food Within 10 minutes drive…
Major shopping mall Within 20 minutes drive..
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Most real estate agents have computer access to the local Multiple Listing Service (MLS), a comprehensive list of homes for sale, which they can search on criteria such as:
Ask your agent about school quality and crime statistics for any neighborhood he or she recommends. Push your agent by having him take you to see homes you find on the Internet and in newspapers. Have a plan: Whenever possible have the agent drive you around in his or her car. That way you are free to view the neighborhood, take notes and ask questions while the agent drives. Found a house you like ? Ask your agent to:
Please notice that we did not suggest asking your agent’s opinion on what price to offer for the house. A good agent works hard on the Buyer’s behalf, he carts you around in his car, answers your questions and becomes a partner in your search for a house, but he or she legally works for the Seller. Except for the tiny number of Buyer’s agents, real estate agents are legally obligated to get the highest price for the Seller. Do not …ever …count on your agent to fight to get you a lower price. Negotiating price is the Buyer’s job, your job.
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Home Buying Inspections The time to discover expensive defects is before you buy the home so hiring a professional inspector has become a common practice. Sellers and real-estate agents might not be eager for professional inspections but they assume that you will want the home inspected. Bring in a professional inspector only after you have made an offer to buy and your offer has been accepted. On average, a professional home inspection should cost about $250, but could rise to $500 in localities with very large and expensive homes. This might seem expensive, but even $500 is cheap if it keeps you from investing $100,000 or more in defective property. The inspector’s main job is to point out potential disasters and major repair requirements. You might still buy a house that needs a new roof, but the inspector’s report gives you a basis to negotiate a lower price or ask the seller to make repairs. Even brand new homes often have major construction flaws.
Finding and hiring a good Inspector:
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The Buyer should personally manage the professional home inspection.
Working with your home inspector will help you become acquainted with the property. If you have never seen a home heating plant and have no idea how one works, this is a good opportunity to ask questions and learn. Words you might find in your inspector's report:
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Negotiating a Price Okay ! You found a house you love in your target neighborhood. Now what? Let's assume some numbers so we can discuss the situation: You found a 4 bedroom house at 134 Harbor Pl., 10 years old and 20 minutes from your job. · The asking price is $155,000. · You have $33,000 cash in the bank. · You've been pre-approved for a $120,000 mortgage loan. · You've done your homework and set your price range at $130,00 to $150,000 At $155,00 the asking price is $5,000 above your price range but you really want the house. You could offer your top price of $150,000, but what do you do if the Seller refuses that offer ? The first step is to ask your real-estate agent to prepare a Comparable Market Analysis (CMA) with recent selling prices of homes comparable to the one you want to buy. Why? Because the most effective tool to bring the sellers' price down is knowledge of how the Seller's asking price compares to the selling price of similar homes in the same neighborhood. Sample Comparable Market Analysis (CMA): Our target home at 134 Harbor Place is listed at the top followed by five similar homes recently sold in the same neighborhood. (This example can be found at: www.homebuyingtips.net/Comparable_CMA.htm)
Range of Sold Prices: $ 142.750 - $ 152,000 Is $155,000 a fair price to pay for the home at 134 Harbor Place? Maybe. To find out you need to drive or preferably, walk by each of the listed homes and compare their size and condition with the home you want to buy at 134 Harbor Place. Also ask your agent's opinion of the relative conditions and prices of the homes on the list.
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The $155,000 asking price might be justified:
Rising neighborhood prices seem to be supported by the fact that the #5 house at 22 Sea View sold in November for $152,000 while #4 at l2 Sea View sold in August for only $142,250. If these two homes are in equally good condition the increase of almost $10,000 in two months might be due to rising neighborhood prices. Helping you to compare prices is part of the agent's job, but don’t count on your agent to fight to get you a lower price. The agent might have become your friend, but in most cases:
If your agent is tardy in providing a formal CMA, the folks at www.homeprice.net/ provide a comprehensive, CMA type price analysis, plus a report on school quality, crime statistics and other useful information to compare neighborhoods in most parts of the United States. Audrie is not big on suggesting expenditures, but $20 to $30 spent with homeprice.net might be a good value if it supports your decision on a neighborhood or kills it with a big thumbs-down. Internet sites such as Realtor.com and Domainia.com provide selling prices of homes in most neighborhoods, but you have to do some work to make comparisons. We suggest taking a look at selling prices in the last year and comparing those to selling prices four or five years in the past. The two sets of prices should give a clear picture of the four year price trends. Links to Domainia.com and a simple form for requesting pricing information is available on our web site at: www.homebuyingtips.net/Location_pricetrends.htm. (Domainia.com and Realtor.com are not much help for Buyers in Texas and the few states that have followed the Texas lead and denied real estate selling-price information to the public. In Texas and its imitators, only real estate brokers or agents can get selling-price information.) Not the analytic type? Price trend can be estimated by the factors that drive value. Prices move up in neighborhoods with lots of jobs, high quality schools, low crime rates, stability and lots of amenities. |
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Okay, you know what price you're willing to offer. Be flexible. Keep the amount you are willing to pay absolutely secret. Make your desire clear. Ask for concessions. Consider the value of time. Evaluating the Asking Price Individual homeowners seldom have a home appraised before putting it on the market, instead, prices are set based on the purchase price originally paid by the Seller, plus improvements he has made and how much cash he needs for his next home.
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True market value is determined by what buyers are paying right now for similar homes in the same neighborhood, so the first step is to get the prices of similar homes recently sold in the target neighborhood. As mentioned above, the best source of comparable selling prices is a Comparable Market Analysis (CMA) prepared by your real estate agent. Before you start negotiating make sure you have:
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Some additional negotiating tips... Size up your Seller by finding out his reasons for selling. Find out if your Seller has signed a contract to purchase another house. Don't waste time with Sellers who won't negotiate price. The Seller is not the enemy. Don't waste time making low-ball Offers.
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Preparing your Offer to Purchase On the next 10 pages we review in detail an Offer to Purchase Agreement and a Seller’s Counter Offer. In filling out your own Offer to Purchase, remember that while most Sellers are emotionally committed to their asking price, they give less thought to closing costs and repair costs. Getting the Seller to pay Closing costs and Repair costs can be worth more money than any reasonable reduction on the price of the home. If you are short on cash, paying an extra $1,000 in purchase price (which will be financed over 30 years at under $10 per month) might be better than paying $495 in cash right now for closing costs. Your initial offer should assign all closing costs to the Seller. Closing Costs associated with a mortgage loan: Typical mortgage loan costs for a $155,000 house Appraisal Fee $310
Credit reports 240
Loan points 2,450
Underwriting Fee 300
Total: $3,300
Other Closing Costs: Your initial Offer should assign these costs to the Seller. There is no tradition for the seller to pay these costs, but it can’t hurt to ask. Other closing costs for a $155,000 house:
Attorney Fees $450 (zero in California)
Property inspections 220
Title Search 155
Title Insurance 75
Document Preparation 45
Total: $945
($495 in California)
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Offer to Purchase Agreement |
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An offer to purchase appears hopelessly complicated, but individuals paragraphs can be understood by anyone who takes the time. Audrie's trick is to examine no more than three paragraphs at a sitting. |
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| Below is a sample offer of $155,00 for our sample house. Our comments are in italics following the paragraph being explained. | ||||||
| 1. PURCHASE AND SALE.
The undersigned buyer ("Buyer") agrees to buy and the undersigned seller
("Seller") agrees to sell the property described below under the terms and conditions
hereinafter set forth, which shall include the standards for real estate transactions set forth
within this contract. Location of property: ADDRESS ___________134 Harbor Place____________ CITY______Bakersfield_____________COUNTY___Orange__________________ STATE_______California________________________ BLOCK and LOT number if available _____________________________________________________ |
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This is as easy as it gets. Our Buyer has filled in the address of the house he wants to purchase at 134 Harbor Place. |
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| 2. PURCHASE PRICE AND METHOD OF PAYMENT. | ||||||
| A. | The purchase price to be paid by the Buyer at closing is: ___A hundred & fifty thousand dollars, $_150,000________________. | |||||
| B. | This agreement is made conditioned upon Buyer's ability to obtain a mortgage loan in the principal amount of ___80___ % of the purchase price listed above. Mortgage loan amount: $__120,000_________. | |||||
| C. | Buyer has made an
earnest money deposit of $____1,000_____
to be held in trust by: __Nixon & Nixon Realty_____________________________________ |
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| D. | Buyer warrants that
Buyer will at closing have additional cash in the amount of, $_30,000_____,
to complete the purchase. |
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The Buyer is offering to pay $150,000 for the home. He plans to buy the house with a $30,000 down payment plus a $120,000 mortgage loan. He is offering $1,000 as a cash deposit to prove that he is serious. His $1,000 deposit will be returned if he is unable to get the $120,000 mortgage loan. |
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| 3. CLOSING (or CLOSE OF ESCROW). This Agreement shall be closed and deed and possession shall be delivered on or before _20th_ day of ____June________________,__200x_____(year), unless extended by other provisions of this Agreement. Closing shall be held at the office of the escrow holder, the Seller's attorney, the title company, or as otherwise agreed upon. | ||||||
| Nothing tricky here. The Buyer has stipulated
that the Closing, the date when a deed to the property is transferred from the Seller to the Buyer
shall be on or before June 20th. In practice, the Closing date depends on when the Seller Accepts
this Agreement (also on the availability of a place for the Seller to move).
In California, the Escrow Holder hosts the Closing, and handles all the legal details of transferring the deed to the Buyer. In other states, this function is performed by the Mortgage Lender's attorney, the Seller's attorney, or a Title Company officer. |
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| 4. DOCUMENTS FOR CLOSING. At Closing, Buyer shall receive a deed conveying title (or, for stock cooperative or long-term lease, an assignment of stock certificate or of Seller's leasehold interest), including oil, mineral and water rights, if currently owned by Seller. The closing attorney shall prepare deed, note, mortgage, Seller's affidavit, any corrective instruments required for perfecting title, and closing statement, and submit copies of same to Buyer or his attorney, and copies of closing statement to the Seller and the broker, at least two days prior to scheduled closing date. | ||||||
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At the Closing the Buyer gets a deed conveying title to the property, and The Seller gets the cash purchase price minus any bills paid on his or her behalf (mortgage loan balance, real estate commission, taxes, etc.). The Closing statement lists all monies received from the Buyer and all bills paid on behalf of Seller and Buyer. |
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| 5. RESTRICTIONS,
EASEMENTS, LIMITIATIONS. At Closing, Buyer shall receive a deed conveying title (or, for stock
cooperative or long-term lease, an assignment of stock certificate or of Seller's leasehold
interest), including oil, mineral and water rights, if currently owned by Seller. Title shall be
subject to all encumbrances, easements, covenants, conditions, restrictions, rights, and other
matters which are of record; including: (1) Zoning, restrictions and requirements imposed by
government authority, (2) Restrictions and controls appearing on the plat or common to the
subdivision, (3) Public utility easements of record,, provided said easements are located on the
side or rear lines of the property, (4) Taxes for year of closing, assumed mortgages, and
purchase money mortgages, if any, (5) Other: ______________________ _______________________________________________________________________________. Title shall not be subject to any liens against the Property, and Seller warrants that there shall be no violations of building or zoning codes at the time of closing. |
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The deed to property usually comes with some restrictions; for instance, a subdivision might not allow homeowners to cut down trees. An example of an easement is the telephone company's right to run cables across your property. "Other" restrictions are rare in today's market, but in the past you might have purchased property where a third party owned rights to oil or minerals under the property. The Buyer is responsible for unpaid property taxes for the current year, but the Buyer is not responsible for bills incurred by the Seller. |
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| 6. CLOSING AND POSSESSION | ||||||
| A. | Seller occupancy: Possession and occupancy shall be delivered to Buyer at _3_ AM/PM, PM_ on the date of Closing or ___ no later than ______ days after Closing . | |||||
| B. | Tenant occupancy: Property shall be vacant, unless otherwise agreed in writing. Seller has the responsibility to (1) comply with rent control and other Law necessary to deliver Property vacant, and (2) determine whether timely vacancy is permitted under such Law. | |||||
| C. | At Closing Seller assigns to Buyer any assignable warranty rights for items included in the sale and shall provide any available copies of such warranties. | |||||
| D. | At the time possession is made available to Buyer, Seller shall provide keys and/or means to operate all locks, mailboxes, security systems, alarms, and garage door openers. If Property is a unit in a condominium or other common interest subdivision, Buyer may be required to pay a deposit to the Homeowners' Association ("HOA") to obtain keys to accessible HOA facilities. | |||||
| This paragraph specifies when the Buyer takes possession of the property. TheBuyer has opted in this case to take possession by 3 PM on the day of the Closing (Close of Escrow in California). Seller must turn over keys and warranties for appliances, and if there are tenants, the Seller must get them out of the property. | ||||||
| 7. BUYERS INVESTIGATION
OF PROPERTY CONDITION: Buyer's Acceptance of the condition of the Property is a contingency of
this Agreement, as specified in this paragraph and paragraph 14. Buyer shall have the right at
Buyer's expense, unless otherwise agreed, to conduct inspections, investigations, tests and
surveys, including the right to inspect for lead-based paint and other lead-based paint hazards
and for wood destroying pests and organisms ('Pest Control Report"). No Inspections shall be
made by any governmental building or zoning inspector, or government employee, without Seller's
prior written consent, unless required by Law. Buyer shall complete these Inspections and give
any written notice to Seller within the time specified in paragraph 14. At Seller's request,
Buyer shall give Seller, at no cost, complete Copies of all Inspection reports disapproved by
Buyer. Seller shall make Property available for all Inspections. Seller shall have water, gas and
electricity on for Buyer's Inspections, and through the date possession is made available to
Buyer. |
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| The Buyer has the right to conduct several inspections of the property and can pull out of the contract (and get his deposit back) if the Seller refuses to correct defects found by the Buyer. The Seller must give the Buyer and his inspectors access to the property, but the Buyer is not allowed to call in government inspectors (who might, for instance, cite the Seller for zoning infractions). The Seller can get copies of inspection reports paid for by the Buyer. Sections A, B, C and D, E, F below, describe specific inspections. | ||||||
| A. | GENERAL INSPECTION. The Buyer or his agent may inspect premises of the property at least 15 days prior to closing. Inspection may include appliances, heat and air conditioning systems, electrical systems, plumbing, machinery, sprinklers and pool system included in the sale. Seller shall pay for necessary repairs. Within 72 hours before closing, buyer shall be entitled, upon reasonable notice to Seller, to inspect the premises to determine that said items are in working order. | |||||
| The Buyer pays for inspection of building and appliances. The Seller pays to repair defects and Buyer gets to inspect the repairs. | ||||||
| B. | TERMITE INSPECTION. ___ Buyer _X_ Seller shall pay to have a licensed exterminator examine the property at least 15 days prior to closing. If there is evidence of live termite or other wood-boring insect infestation on said property, or substantial damage from prior infestation, the Seller shall pay up to three (3%) percent _____ of the purchase price for treatment and repairs required to remedy such infestation; but if the costs for such treatment or repairs exceed three (3%) percent _____ of the purchase price, the Buyer may elect to pay such excess. If Buyer elects not to pay, the Seller may pay the excess or cancel the contract. | |||||
| Seller usually pays for TERMITE INSPECTIONS and is required to pay up to 3% of the purchase price ($4,500 on a $150,000 house) to repair termite damage. | ||||||
| C. | ROOF INSPECTION. _X_ Buyer ___ Seller shall pay to have the property inspected by a licensed roofer at least 15 days prior to closing. In the event repairs are required either to correct leaks or to replace damage, Seller shall pay up to three (3%) percent ____ of the purchase price for said repairs which shall be performed by a licensed roofing contractor; but if the cost for such repairs exceed three (3%) percent ____ of the purchase price, the Buyer may elect to pay such excess. If Buyer elects not to pay, Seller may pay the excess or cancel the contract. | |||||
| Buyer has opted to pay for a special ROOF INSPECTIONS. Seller must pay up to 3 of the purchase price to repair leaks or other damage to roof. | ||||||
| (If checked, the inspections in 7D, 7E, and 7F are contingencies of this agreement) | ||||||
| D. | _X_ Buyer ___ Seller shall pay to have septic or private sewage disposal system inspected. | |||||
| E. | ___ Buyer _X_ Seller shall pay to have domestic wells tested for water potability and productivity | |||||
| F. | ___ Buyer _X_ Seller shall pay for a natural hazard zone disclosure report prepared by ____________________________________ | |||||
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Sections D, E and F are optional, but in this case the Buyer has agreed to pay to have the septic tank inspected and is requesting that the Seller pays to inspect the well and get a hazard zone report. Properties with municipal water and municipal sewers don't need Septic tank inspections. Hazard zone disclosures are required in California and other states with earthquakes, mudslides, forest fires and other recurring hazards. |
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| 8. REPAIRS: Repairs shall be completed prior to final verification of condition unless otherwise agreed in writing. Repairs to be performed at Seller's expense may be performed by Seller or through others, provided that work complies with applicable Law, including governmental permit, inspection, and approval requirements. Repairs shall be performed in a skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall (1) obtain receipts for Repairs performed by others, (2) prepare a written statement indicating the date of Repairs performed by Seller, and (3) provide Copies of receipts and statements to Buyer prior to final verification of condition. | ||||||
| The Seller's repair of defects found by the Buyer need not completely restore the original appearance but must be of good quality and comply with local laws. The Seller must keep track of repair costs and provide details to the Buyer on request. | ||||||
| 9. SELLER PROTECTION FOR ENTRY UPON PROPERTY: Buyer shall: (1) keep Property free and clear of liens; (2) indemnify and hold Seller harmless from all liability, claims, demands, damages and costs; and (3) Repair all damages arising from Inspections. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry; policies of liability, worker's compensation, and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any inspections or work done on the Property at Buyer's direction, prior to the Close Of Escrow. | ||||||
| Property damage or personal injury are rare during an inspection, but if either happens, the Buyer is responsible. The Buyer or his inspectors should carry insurance to cover injuries taking place on Seller's property. | ||||||
| 10. ALLOCATION OF COSTS | ||||||
| A. | ___ Buyer _X_ Seller shall pay for smoke detector installation if required by Law. Prior to Closing, Seller shall provide Buyer a written statement of compliance in accordance with state and local Law, unless exempt. | |||||
| B. | ___ Buyer _X_ Seller shall pay the cost of compliance with any other minimum mandatory government retrofit standards, inspections and reports if required as a condition of closing escrow under any Law. | |||||
| B2 | Seller shall pay Buyer's cost of obtaining a mortgage
loan, including appraisal fees, credit reports, loan points, and underwriting fees. Such cost not
to exceed $__3,500___ . Buyers initials ____J.B.__________ Seller's initials _______________ |
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| B3 | Seller shall pay closing costs, including attorney
fees, title search, title insurance, and document insurance. Such closing costs not to exceed $__1,000__
. Buyers initials ____J.B.__________ Seller's initials _______________ |
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| C. | ___ Buyer _X_ Seller shall pay for owner's title insurance policy, issued by | |||||
| D. | (Buyer shall pay for any title insurance policy insuring Buyer's Lender, unless otherwise agreed.) | |||||
| E. | ___ Buyer _X_Seller shall pay County transfer tax or transfer fee. _________________________________________ | |||||
| F. | ___ Buyer _X_Seller shall pay City transfer tax or transfer fee. | |||||
| G. | ___ Buyer _X_Seller shall pay HOA transfer Fees _____________________________ | |||||
| H. | ___ Buyer _X_Seller shall pay HOA document preparation fees._________________ | |||||
| I. | ___ Buyer _X_Seller shall pay the cost, not to exceed $ ___250____________, of a one-year home warranty plan, issued by _____Prudential Home Warranty____ | |||||
| This is an Offer prepared by the Buyer so the cost of installing smoke detectors and other minor costs are all allocated to the Seller. The Buyer has also inserted clause IO-B2 and clause 10-B3 assigning all closing costs to the Seller. These are additions to the standard Offer Form so the Buyer places his initials below each clause and leaves a space for the Seller's initials. The Seller may agree to these conditions, but more likely his Counter Offer will ask the Buyer to pay for some of these items. | ||||||
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11. SELLERS DISCLOSURE STATEMENT AND OTHER DISCLOSURES WITH CANCELLATION RIGHTS: |
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| A. | Within the time specified in paragraph 14, a Seller's Disclosure Statement, including natural hazard disclosure, military ordnance disclosure, and lead-based paint disclosure shall be completed and delivered to Buyer, who shall return Signed Copies to Seller. If required by Law, Seller shall (1) disclose if Property is located in special flood hazard Areas; potential flooding areas; very high fire hazard zones; state fire responsibility areas; earthquake fault zones; or seismic hazard zones; and (2) provide Buyer with any earthquake guides or environmental hazards booklets required by state law. | |||||
| B. | In the event Seller, prior to Closing, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures provided to Buyer of which Buyer is otherwise unaware, Seller shall promptly provide a subsequent disclosure, in writing, covering those items. | |||||
| C. | Seller shall (1) make a good faith effort to obtain a disclosure notice from any local agencies which levy a special tax on the Property; and (2) promptly deliver to Buyer any such notice made available by those agencies. | |||||
| The Seller is required to tell the Buyer
about known problems with the property. The Seller does this by answering yes and no questions on
standard Disclosure forms. All states require answers to basic questions about the condition of
the property, plus for older homes, questions about lead based paint hazards. California and
several other states require the Seller to tell the Buyer if the Property is in an area prone to
floods, forest fires, earthquakes or other hazards.
The seller is required to disclose only what he or she knows. If the Seller learns something new about the condition of the property he or she is required to tell the Buyer and formally amend the original Disclosure forms. |
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| D. | .___ (If checked) CONDOMINIUM/COMMON INTEREST SUBDIVISION: Property is a unit in a condominium, or other common interest subdivision. Seller shall request from the Home Owners Association (HOA), and upon receipt provide to Buyer: (1) Copies of any documents required by Law; (2) disclosure of any pending or anticipated claims or litigation by or against the HOA; (3) a statement containing the location and number of designated parking and storage spaces. | |||||
| E. | NOTICE OF VIOLATION: If, prior to Closing, Seller receives notice or is made aware of any notice filed or issued against the Property, for violations of any Law, Seller shall immediately notify Buyer in writing. | |||||
| F. | SPECIAL OFFENDER DISCLOSURE NOTICE: Many local law enforcement authorities maintain for public access a data base of the locations of persons required to register as convicted sex offenders. Buyer may contact law enforcement authorities for information about the presence of these individuals in the vicinity of the property. | |||||
| G. | RADON GAS DISCLOSURE: "Radon Gas" is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present a health risk to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in _______________________________. Contact your county public health unit for additional information regarding radon and radon testing. | |||||
| Many new homes are part of subdivisions with
tennis courts and swimming pools maintained by fees levied by a Homeowners Association (HOA).
Condominiums are governed by similar homeowners associations. The Seller must provide the Buyer
with rules of the HOA, plus all real and threatened legal actions against the HOA. The Buyer may
contact law enforcement authorities for information about the presence of convicted sex offenders
in the vicinity of the property. Buyer must be told if Radon gas found in local buildings exceed
Federal or State guidelines.
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| 12. CONDITION OF PROPERTY: | ||||||
| Unless otherwise agreed, (1) Property is sold (a) in its PRESENT physical condition on the date of Acceptance and (b) subject to Buyer inspection rights; (2) Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance and (3) all debris and personal property not included in the sale shall be removed by Closing. | ||||||
| The property is sold in its condition as of the date the Seller accepts the Offer and must be kept in good condition until the Closing when the deed is turned over to the Buyer. This is subject to the Buyer's inspection (Seller must repair defects or the deal is off). | ||||||
| 13. ITEMS INCLUDED IN SALE: | ||||||
| A. | All existing fixtures and fittings that are attached to the Property, are INCLUDED IN THE PURCHASE PRICE (unless excluded in paragraph 13C below), and shall be transferred free of liens and without Seller warranty. Items to be transferred shall include, but are not limited to, existing electrical, mechanical, lighting, plumbing and heating fixtures, fireplace inserts, solar systems, built-in appliances, window and door screens, awnings, shutters, window coverings, attached floor coverings, television antennas, satellite dishes and related equipment, private integrated telephone systems, air coolers/conditioners, pool/spa equipment, garage door openers/remote controls, attached fireplace equipment, mailbox, in-ground landscaping, including trees/shrubs, and (if owned by Seller) water softeners, water purifiers and security systems/alarms. | |||||
| Everything physically attached to the property is
included in the sale unless otherwise stated. |
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| B. | ADDITIONAL ITEMS
INCLUDED: The following items of personal property, free of liens and without Seller warranty are
included in the purchase price: ___Basement Work
bench_ Buyers initials ____J.B. __________ Seller's initials ___________________ |
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| Work benches are not usually nailed to the
floor or walls so are not included in a sale unless specified as in this case. The Buyer puts his
initials on this line because it is a change to the standard Offer Form. To accept this condition
the Seller must initial this line. |
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| C. | ITEMS EXCLUDED FROM
SALE____Outdoor Gas Barbecue Buyers initials ____J.B. __________ Seller's initials ___________________ |
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| If connected to the house by a gas line, a gas barbecue is included in the sale unless excluded as in this case. | ||||||
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| 23. DEFINITIONS: As used in this Agreement: | ||||||
| A. | "Acceptance" means the date the offer or final counter offer is accepted in writing by the other party and communicated in accordance with this Agreement or the terms of the final counter offer. | |||||
| B. | "Agreement" means the terms and conditions of this Offer to Purchase Agreement and any counter offer and addenda. | |||||
| C. | "Days" means calendar days, unless otherwise required by Law. | |||||
| D. | "Days After" means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59PM on the final day. | |||||
| E. | "Closing" or "Close Of Escrow" means the date the grant deed, or other evidence of transfer of title, is recorded. If scheduled Closing falls on a Saturday, Sunday or legal holiday, then the Closing date shall be the next business day after the scheduled Closing date. | |||||
| F. | "Closing Attorney" means officer who hosts the Closing, prepares the deed, pays outstanding bills, and transfers title to the Buyer. In some states the Escrow Holder or a Title Company officer performs these functions. | |||||
| Most of these definitions are clear so we expand on only two. "Acceptance" is the date the Seller accepts the Offer by signing it at the bottom of paragraph 28, but most negotiations involve offers and counter-offers, so "Acceptance" can also be the date the Buyer signs paragraph 26 of the Seller's counter offer. "Closing" or "Close Of Escrow" is the date when the Buyer receives his deed, the outstanding balance on the mortgage loan is paid, and the Seller receives the purchase price minus amounts to pay off his mortgage and other expenses. | ||||||
| 24. INSTRUCTIONS TO CLOSING ATTORNEY (OR ESCROW HOLDER): This Agreement constitutes the Instructions of Buyer and Seller to the Closing Attorney, which Closing Attorney is to use, along with any additional mutual instructions, to close the transaction. Buyer and Seller will execute additional instructions, documents and forms reasonably necessary to complete this transaction as provided by Closing Attorney (or Escrow Holder). If required by law or local practice, a copy of this Agreement shall be delivered to Escrow Holder, Title Company attorney, or other attorney or person responsible for the closing, within three business days after the date of Acceptance of this Agreement. | ||||||
| B. | A Copy of this Agreement shall be delivered to Escrow Holder within 3 business days After Acceptance. Escrow will be deemed open when Escrow Holder has Signed an acknowledgement of receipt of a Copy of this accepted Agreement. Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement, as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs the Agreement. | |||||
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| 26.
OFFER: This is an offer to purchase the Property on the above terms and conditions. All
paragraphs with spaces for initials by Buyer and Seller are incorporated in this Agreement only
if initialed by all parties. If at least one but not all parties initial, a counter offer is
required until agreement is reached. Unless Acceptance of offer is Signed by Seller, and a Copy
of the Signed offer is personally received by Buyer, or by ________Gus
Agent____________ who is authorized to receive it, by (date)
____May 15, 200x____,
at __3___
AM/PM, the offer shall be deemed revoked and the deposit shall be returned. Seller has the right
to continue to offer the Property for sale and to accept any other offer at any time prior to
communication of Acceptance as above. Buyer has read and acknowledges receipt of a Copy of the
offer and agrees to the above confirmation of agency relationships. If this offer is accepted and
Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This
Agreement and any supplement, addendum, or modification, including any Copy, may be Signed in two
or more counterparts, all of which shall constitute one and the same writing. |
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BUYER _______Jim
Buyer__________________________ |
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| Jim and Joan Buyer signed this Offer at the bottom of paragraph 26. Any changes must be initialed by both the Buyer and the Seller. The Seller can accept this offer by signing at the bottom of paragraph 28 and delivering it to the Buyer or to the Buyers agent by May 15th. The Seller can continue to deal with other Buyers until he or she signs this Offer. Signed copies of this agreement will be treated as if they were originals. | ||||||
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27. BROKER COMPENSATION: The Seller hereby recognizes ___Nixon & Nixon Realty__________________________________________________ as the broker in this transaction, and agrees to pay as commission _________7.0_% of the gross sales price, the sum of __ten thousand, five hundred ___________ Dollars ($_10,500___). |
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| This paragraph makes sure the real estate broker and your agent gets paid. By tradition, the Seller pays the broker’s fee, but in practice this fee is included in the purchase price paid by the Buyer. | ||||||
| 28.
ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of this Property, or has the
authority to execute this Agreement. Seller accepts the above offer, agrees to sell the Property
on the above terms and conditions, and agrees to the above confirmation of agency relationships.
Seller has read and acknowledges receipt of a Copy of this Agreement, and authorizes Broker to
deliver a Signed Copy to Buyer. ___ (If checked) SUBJECT TO ATTACHED COUNTER OFFER, DATED ______________ SELLER_______________________________________________ Date ____________ SELLER_______________________________________________ Date ____________ |
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Counter Offer |
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Counter Offers are made in response to
an Offer to Purchase or to a prior Counter Offer. In this case the Seller is responding to our
Buyer's offer of May 1st. Our comments are in italics and follow the paragraphs they explain.
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Closing the Deal As the days dwindle down towards closing there are a host of events for the Buyer to manage. This is when the time you put into selecting a good real estate agent really pays off. The best agents can explain and lead you by the hand, and even do some of these chores for you. The Events: Property Inspections: Get your inspections done early so that seller will have time to make any needed repairs. This includes inspections for termites, a roof inspection and a general inspection of appliances, air conditioning, heating, electrical system, and plumbing. For a new house, inspections should be done before all the walls are closed, and again when walls are up and appliances are installed. If Buyer and Seller/Developer are unable to agree on repairs, the deal is off. Seller's repairs: Make sure the Seller has made all agreed repairs, and that the work is of acceptable quality. The Seller must either make the repairs or pay for repairs to be made by the Buyer. Any incomplete repair should be accounted for on the Settlement Statement by a credit to the Buyer. Final mortgage loan approval: The Buyer should follow up with the mortgage lender or broker and make sure a check for the mortgage loan will be available at the closing. Mortgage documents and check should be delivered to the Closing Attorney, Escrow Agent or Title Company officer prior to closing day or the deal is off. If mortgage loan approval is late, the Buyer must get the Seller’s agreement to a postponement of the closing. Get Warranties and Instruction Manuals: Remind the Seller to gather all warranties and instruction books for the home’s appliances and systems. If you don’t get these documents before or at the closing, you will probably never get them. Notify Utilities: If you want to have heat and electricity, be sure to notify electricity, telephone, water, trash and other services that you will be moving in on the closing day (or whatever other date you and the Seller have agreed) and you want all utilities transferred from the Seller’s name to yours. Get a copy of the settlement statement: The settlement statement is summary of all monies paid and received by the Buyer and the Seller. Review it with your real estate agent and question anything you don't understand. Pay special attention to amounts "Paid from Borrower's Funds." (The settlement Statement refers to the Buyer as the "Borrower" because the Buyer is borrowing the mortgage loan amount.) |
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The Closing Closing day is typically 30 to 45 days from when the Seller and Buyer agreed to terms and signed a final Purchase Agreement. In most eastern states the closing is held in the offices of the Seller's attorney. The mortgage lender's attorney is more often the host in south eastern states, while many western states have Escrow Agents or Title Company officers performing the tasks of the closing attorney. On closing day, the Closing Attorney or Escrow Agent will Collect all moneys paid by or on behalf of the Buyer; this includes the down payment, the cash deposit, and most importantly the Buyer’s mortgage loan. The Closing Attorney pays off any balance on the Seller's mortgage loan, pays all outstanding taxes, utility bills, and all other closing fees including his own. He then gives the remaining money to the Seller and transfers the deed to the Buyer. The Settlement Statement is the main focus of attention on Closing day. The only way to avoid being in a fog during the closing is to get a copy of the Settlement Statement at least a day before the closing. Review each item with the help of your real estate agent and demand changes if items the Seller should pay have been charged to the Buyer. On the next page we present a sample Settlement Statement. To review the document it is helpful to remember that the main objective of a Settlement Statement is to summarize moneys received and moneys paid out. Moneys Received.
Together, the above should at least equal the agreed selling
price. Moneys Paid out.
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Real Estate Settlement Page One |
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Fees to establish and guarantee the legitimacy of the title are grouped and assigned to Borrower and Seller based on agreements in the sales contract.
Government recording and transfer charges are grouped near the bottom of the page.
The last group of charges is a miscellaneous category.
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