Audrie’s Home Buyer’s Guide

Homebuyingtips.net
The Web-site for people Buying homes

 

 

 

 

 

www.audrie.com               www.homebuyingtips.net         Copyright © 2003 by audrie.com


 
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.)
 

 Congratulations! You made a good choice. This book is written as a companion to our web site, but by itself, it can guide you through the home-buying process and save you thousands of dollars.

As you might expect, the material is grouped into the same six sections found on our web site. 

How much house can you afford?
The amount of cash available for a down payment largely determines the price you can pay for a house. If you have neglected to save, Government programs are available to assist those with low down payments, or if you are lucky, family or friends might help.

Where do you want to live?
As in the old adage: “location, location, location,” selecting a neighborhood should come before selecting a house. We provide sources for school comparisons, crime statistics, and other information on selecting a neighborhood.

Getting pre-approved for a mortgage loan.
The Buyer who shops early, when there is no pressure to buy a specific house, can save thousands of dollars on the cost of a mortgage loan. This is especially important for first time home buyers who might not understand that the interest rate is only part of the cost of a mortgage loan. In this section, we explain mortgage terms and guide you through the process of shopping for a mortgage loan.

Selecting a house
We list and explain things to look for when viewing a new, or pre-owned home. We also guide you in how to get the most out of your real estate agent and your professional home inspector. (Yes, unless you’ve had personal experience in the home construction business, you do need a professional inspector.)

Negotiating a price
The first step is to compare the Seller’s asking price to recent selling prices for similar homes in the same neighborhood. We provide sources of pricing information to make these comparisons. We also discuss strategies for negotiating with the Seller and guide you through the Offer and Counter-offer process. 

Closing the deal
We review the things you must do between the time the Seller accepts your Offer and the day you take possession of the property. We provide an example and explain a Settlement Statement, the final summary of what the Buyer and the Seller must pay and what each gets.


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 ).

  Enter the price of a house 
and the cash you have for a down payment

Purchase Price  (enter $124,000 as 124000)

Cash available for Down payment

Required Mortgage Loan

Down payment + Mortgage loan  = Purchase price
but
Additional cash is required to cover closing costs

Estimated buyer's closing costs

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

  • Closing Costs: Provides estimates of cash required for closing costs. http://www.homebuyingtips.net/Calculator_ClosingCost.htm
  • Mortgage Payments: Calculates monthly mortgage loan payments . http://www.homebuyingtips.net/Calculator_mortgage_pay.htm
  • Pre-Qualification: Provides an estimate of the mortgage loan amount you can get based on your income and expenses. http://www.homebuyingtips.net/Calculator_pre_qual.htm
  • Monthly cost of home ownership: Calculates after-tax monthly cost of owning a home. http://www.homebuyingtips.net/Calculator_TotalMonthly.htm
  • Lender’s View of mortgage payments: This calculator estimates monthly mortgage payments that include taxes and insurance. http://www.homebuyingtips.net/Calculator_LendersView.htm


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.

Example: Let’s say that a good-natured lender loans you the full $150,000 to purchase a $150,000 home in the suburbs of Atlanta, Georgia.
What happens if you suddenly lose your job and find employment across the country in California?  You might simply pack up, head for California and leave the lender to foreclose and sell the house.

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.


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.

Relatives can help
with other aspects of home buying besides a down payment. They can pay closing costs or moving expenses, or they can pay off credit card bills and make the house hunters appear more credit worthy.

Get a partner or two.
More and more people are coming to the conclusion that owning a portion of a house is better, financially than renting. Single parents have joined forces, brothers and sisters, and even former college roommates have chipped in to buy a house. Many of these buyers have found that ownership of a half house can easily lead to ownership of a whole house in a few years.

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

 

 


 

 

What about “no money down”?

The no down payment idea was popularized several years ago by Robert Allen in his book Nothing Down. Since then, several other books have been written by real estate “gurus” describing how to get rich buying property with no money down.

“…no money down is for hotshot investors who have tons of free time and don't care about location” …Audrie

According to Allen and the other no money down gurus, the key to buying property with no down payment is to find a seller who is a don’t wanter - that is, someone who will do anything to get rid of his property, perhaps because he is in big financial trouble, maybe due to job loss, or major illness. Call it vulture capitalism but it works because the desperate seller not only forgoes a down payment, he might even finance the sale with a low interest mortgage loan.

The problem is finding down and out sellers just waiting for you to take advantage of them. Despite all the guru advice, finding homes that can be bought with no down payment is difficult, and if you find one it often has major flaws (which might be why the seller is willing to accept lousy terms). If you have the time to sift through hundreds of properties you might find a good one available with seller financing at no money down, but our bet is that the home you want will require a significant cash down payment.

 


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.


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.

By custom in most states, mortgage loan origination fees are paid by the Seller and therefore not included in our estimates of Buyer's closing cost.

2. Other Closing Fees: (Buyer's closing cost)

  • Escrow fees: $400 to $1,200 to handle purchase related documents and funds.
  • Homeowners Insurance: $300 to $1,600 depending on the price of the property.
  • Inspections: $250 to $600 for professional inspection of the property.
  • Legal fees: about $450 in eastern states, zero in western states where lawyers are not required.
  • Prepaid loan interest: Buyer must pay interest on the mortgage loan for days between closing and the due date of the first mortgage payment.
  • Private Mortgage Insurance (PMI): About $400 for Buyers with less than a 20% down payment.
  • Property taxes: Buyer must reimburse Seller for any pre-paid property taxes. For example: for a July close the Seller might have already paid property taxes for August and September as part of a quarterly tax assessment due on July 1st.
  • Title Insurance: $250 to $1,100 depending on the price of the property.
  • Recording: about $50 to record the deed and mortgage.
  • Courier fees: Usually less than $50.
  • Notary: $20 per signature per buyer to have signature verified by a notary (usually the Escrow officer, or closing attorney).

Buyer's closing cost average about 1% of the purchase price, or $1,000 for a typical $100,000 home.


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.


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
  • Monthly Insurance
  • Monthly Maintenance

Monthly Property Taxes
On average, property taxes are 1.5% of the property's purchase price per year ($1,500 per year for a $100,000 house, or $125 per month). Check with the county tax office (listed in government pages of local phone directory) to get exact rates in the town where you plan to live. If your town has higher than average taxes you can move the 1.5% up in increments to 2.0%.

Monthly Insurance
Your mortgage lender will require you to have home insurance, and in any case you will want to cover the cost of rebuilding your home should it be destroyed by fire or other disaster. We estimate monthly home insurance at .036% of the purchase price ($36 per month for a $100,000 house). If you know of different insurance rates in your area you can adjust our .036% estimate down to .032% or up to .04%.


Monthly Maintenance
We estimate annual maintenance cost at 1% of the purchase price ($1,200 per year or $100 per month for a $120,000 house). Actual maintenance cost for the first several months may be zero but eventually you will have to repair or replace some part of the property. You might increase our 1% to 1.5% to allow a monthly amount for improvements like adding a deck or putting in new kitchen cabinets.

Pre-tax Monthly Cost of Home-ownership:
We get pre-tax Monthly cost of home ownership by adding the above three items to the Basic monthly mortgage payment.

Monthly Property taxes
+ Monthly Maintenance  
+ Monthly Insurance  
+
Basic Monthly mortgage payment 
Monthly cost of home ownership

After-tax Monthly Cost of Home-ownership
To get the after-tax cost of home-ownership the calculator estimates the tax benefits of home ownership and subtracts that from the pre-tax cost. The buyer’s federal filing status and annual taxable income provides the buyer’s federal tax rate which the calculator uses to estimate the reduction in taxes due to home ownership. This amount is subtracted from the Pre-tax Monthly Cost of Home-ownership to give After-tax Monthly Cost of Home-ownership.


Manual Calculation of Monthly Cost of Home-ownership

If your computer is down or for some other reason you can’t get to our web site, you or anyone else in your household can perform the following calculations. In our example we use a house with a purchase price of $150,000. We also assume a down payment of $15,000 and a 30 year, fixed term mortgage loan for $135,000 at an interest rate of 7%.

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
                          100,000

 


Table I
Monthly Payments to Pay off a $100,000 Mortgage Loan

Interest Rate

15 Years

20 Years

25 Years

30 Years

4.00% $739.69 $605.98 $527.84 $477.42
4.50% $764.99 $632.65 $555.83 $506.69
4.75% $777.83 $642.22 $570.12 $521.65
5.00% $790.79 $659.96 $584.59 $536.82

5.25%

$803.88

$673.84

$599.25

$552.20

5.50%

$817.08

$687.89

$614.09

$567.79

5.75%

$830.41

$702.08

$629.11

$583.57

6.00%

$843.86

$716.43

$644.30

$599.55

6.25%

$857.42

$730.93

$659.67

$615.72

6.50%

$871.11

$745.57

$675.21

$632.07

6.75%

$884.91

$760.36

$690.91

$648.60

7.00%

$898.83

$775.30

$706.78

$665.30

7.25%

$912.86

$790.38

$722.81

$682.18

7.50%

$927.01

$805.59

$738.99

$699.21

7.75%

$941.28

$820.95

$755.33

$716.41

8.00%

$955.65

$836.44

$771.82

$733.76

Your Monthly payment = Your loan amount x Payment shown in table
                                                                    100,000

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 
                                                 100,000

$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.
We divide by 12 to get monthly rates
Monthly Property taxes = .015 x Purchase price
                                                       12
For our sample house we substitute $150,000 for the purchase price.
Monthly Property taxes = .015 x Purchase Price = .015 x $150,000 = $187.50
                                                          12                    12   

Property taxes (annual): 1.5% of the purchase price.
We divide by 12 to get monthly rates
Monthly Property taxes = .015 x Purchase price
                                                       12
For our sample house we substitute $150,000 for the purchase price.
Monthly Property taxes = .015 x $150,000 = $187.50
                                                       12  
 


Maintenance (annual): 1% of the purchase price
We proceed as above by dividing by 12 to get a monthly rate, then substituting $150,00 for the purchase price.
Monthly Maintenance = .01 x Purchase Price = .01 x 150,000 = $125.00
                                                  12                                      12

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.


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
Single people and couples who do not plan to have children need to consider school quality because schools have a big impact on resale value. Most buyers put high value on a good school and few are willing to buy in areas without one.

Press your real estate agent for details about the school system. Ask the following:

  • What are the average class sizes?

  • Are children bussed? Why?

  • How do local pupils rate on standardized tests?

  • At what grade can foreign language study begin?

  • Are there advanced math courses for bright students?

  • Are computers available in junior high and elementary schools?

  • What special programs are offered in elementary school?

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:
eSchool Reports: www.eschoolprofile.com/
School Match: www.schoolmatch.com/
HomeFair: www.homefair.com/homefair/usr/nsrs/home.html
HomeAdvisor: www.homeadvisor.msn.com/myHA/main.asp


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:
APBnews: www.apbnews.com/resourcecenter/datacenter/index.html
U.S. Dept of Labor: www.bls.gov/bls/regnhome.htm

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.

 


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
A good real estate agent will tell you about price trends in the neighborhoods where he or she does business. Price trend information can also be found on Internet sites such as Domainia.com that provide actual selling prices of homes in most neighborhoods. 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.

(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
Nothing kills property value as fast as a forest of "for sale" signs driven by lay-offs and plant closings. Look for towns with lots of jobs in the Sunday employment section. Also be cautious of towns with a single big employer. Home values can fall fast if the dominant employer cuts back or closes plants.

Stability
Any major construction can alter the value of homes close by. Check with the local planning board or your real estate agent to make sure an eight lane highway is not about to come through the quiet neighborhood where you are about to make an offer.

Amenities
Great views of a lake, ocean, mountain, park or woodlands, all help to hold up property values. So do tree-lined streets and easy access to golf and tennis clubs.

 


Shopping
Will you have to travel miles to pick up groceries, or is the prospective home convenient to a shopping center? Will living near a shopping center create unwanted traffic congestion?

Traffic
Heavy traffic on neighborhood roads creates safety hazards for children plus noise and air pollution. Heavy traffic may also be a sign of poor county planning which could lead to other problems.

Garbage collection
If your town does not provide garbage collection, you will have to either make regular trips to the town dump or pay a private garbage collector. The cost can be anywhere from $20 to $50 a month.

Sewers
Septic tanks work just fine and in rural areas you don’t have much choice. Most cities provide sewers, and in the suburbs, you may find both sewers and septic tanks. In general, sewers are more reliable and less expensive.

Water
If your property uses well water, is the water pure and plentiful? If you use city water, is it free (included in your property tax bill), or do you pay the city separately for the water you use?

Road service
If you buy in the northern snow-belt, how well will your streets be plowed in winter? You can ask your real estate agent, but asking the neighbors might provide more reliable information.

Fire department
Is the fire department staffed by full time employees or volunteers? How well are they equipped and how is the equipment paid for? Is equipment paid for by taxes or by contributions?

Library services
How large is the library system? Can books be borrowed from other branches? Are there:

  • Special collections?

  • A children's department?

  • Library activities?

Check the library bulletin boards. A bulletin board full of notices indicates a lively community.


Social services
Does the town sponsor programs for senior citizens, teenagers, and children?

Recreation
Keep resale value in mind. You want a town with parks, clubs, theaters, and lots of community groups.

Accessibility to work
Most folks are unwilling to go beyond a one-hour commute. Towns surrounding major corporate headquarters rank high in desirability, and so do towns along major interstate highways.

Audrie’s Web Links
Our web site’s coverage of location and neighborhoods start at: www.homebuyingtips.net/Location_location.htm
Key links can be found at: www.homebuyingtips.net/Location_schools.htm www.homebuyingtips.net/Location_crimerate.htm and www.homebuyingtips.net/Location_pricetrends.htm

Neighborhood checklist:
Audrie's checklist to compare neighborhoods can be found on the next page or on the web at: www.homebuyingtips.net/Location_chklist.htm

 


Audrie's Neighborhood check list

Name of neighborhood:________________________________________
Address of prospective home:___________________________________
Seller's Name:_______________________________________________
Seller's Phone:_______________________________________________

Category

Ranking

 

Poor

Average

Great

Property values moving up ?

     

Quality schools

     

Low crime rate

     

Stability

     

Amenities

     

Feel of the neighborhood

     

Do you feel comfortable?

     

Convenience

     

Commuting distance

     

Shopping

     

Recreation

     

Neighborhood traffic

     

Services

     

Garbage collection

     

Sewers

     

Water

     

Road service

     

Fire department

     

General Impressions

 

Real estate agent: _____________________________________________


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:

Pre-Approved - A lending institution has processed your loan application and approved a specific mortgage amount. Be prepared to pay $150 to $400 as an application fee when applying to a mortgage lender.

Pre-Qualified
- An unofficial estimate of the home you can afford. A "pre-qualified buyer" is one who should be able to get a mortgage loan big enough to purchase the home he or she wants to buy.

Audrie's Advice:
Get pre-approved for a mortgage loan before beginning your search for a home. If you don’t have the time to apply for a mortgage loan, at least pre-qualify yourself with Audrie's calculator at: www.homebuyingtips.net/Mortgage_size.htm
Or link to the calculator from: www.homebuyingtips.net/Mortgage_shopping.htm

 

Do your homework:

  • Get familiar with mortgage terms.
  • Take a hard look at your personal credit.
  • Find Mortgage Lenders on the Internet.
  • Find local Mortgage Brokers who meet the best rates offered on the Internet

 


Mortgage Basics

When we say basic we really mean basic....
See our web page at: www.homebuyingtips.net/Mortgage_basics.htm

Definition
The word mortgage is often used improperly to refer to a mortgage loan. The mortgage is actually a piece of paper, like an IOU. It is the document you sign and hand over to the lender in exchange for a mortgage loan. The document called a mortgage, gives the lender the right to take possession of your property if you default on repayment of the mortgage loan.

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
needs a $85,000 mortgage loan ------------------+ 85,000
to buy a hundred thousand dollar home --------$100,000

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
  • Credit report fees
  • Appraisal fees, and
  • The mysterious points.

Application fees
Most mortgage lenders charge $150 to $400 as an application fee.

  • Partly, this is to discourage applications from people who just want to find out how much they can borrow.
  • Mainly, it is to cover the lender's costs and keep them from losing money on applications that don't become loans.

 


Credit report fees
Expect to pay between $25 and $75 for the lender to obtain copies of your credit report. Have you paid your bills on time? Your mortgage loan will not be approved if you have a poor payment history. This includes those annoying book clubs that kept sending you dunning letters for books you returned. No matter how unfair, any blemish on your credit report can cause the mortgage lender to refuse your loan request, or charge an outrageously high interest rate.

Before you apply for a mortgage:
Get a copy of your credit report and correct any errors before you apply for a mortgage. Experian (888-397-3742) and Equifax (800-685-1111) will both provide a copy of your credit report for under $10. You are entitled to a free copy of your credit report from any lender who refused you credit based on information in the credit report.

Appraisal fees:
Home appraisal fees range from $200 to $500 depending on the size and value of the property. For this fee the appraiser inspects the property and the neighborhood and gives his professional estimate of the property's market value. Why an appraisal ?

· To confirm that the house you are buying is worth the purchase price you have agreed to pay.

· The mortgage lender does not want to get stuck with a house worth less that what was loaned.

Points:
Mortgage lenders charge points as a way of getting paid for the work and expense of processing and approving a mortgage loan. Quoted as a percent of the loan, points are a form of interest that must be paid up-front at the time that you complete the purchase of your house (at the closing). One point is equal to 1% of the loan amount. One point on a $85,000 mortgage loan would be (.01 x $85,000) or $850. Two points would be $1,700.

Points are connected to the on-going interest rate for the mortgage loan.

  • Higher points should mean a lower interest rate for the life of a fixed rate mortgage loan. If you have the cash to pay more points, the lender should give you a lower on-going interest rate.
  • Lower points usually means a higher interest rate for the life of the loan.
  • Beware of "no-point" loans. Zero points usually mean a higher overall interest rate.

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
Most of us are familiar with Fixed Rate Mortgage Loans, loans where the interest rate and the monthly payment is fixed for the life of the mortgage (usually 30, 20 or 15 years).

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:


Term
 
Number of
Payments 
Total
Payments
 
Total
Interest  

  Principal
15 years  180  $141,660 $56,660 $85,000
20 years  240  $164,160 $79,160 $85,000
30 years 360 $213,840 $128,840 $85,000

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.


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.

  • The annual cap sets a limit on how much the interest rate can increase in a single year.
  • The life-time cap sets a maximum on how much the interest rate can increase over the life of the mortgage loan.
  • Actual increases are based on changes in short-term interest rates (treasury bills or CD's) but cannot exceed the cap.

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%

Year

Monthly
Payment

1

Initial interest rate set at 6.25% for 2 years

$523

3

Interest rate can rise to 8.25% (6.25% plus the maximum annual increase of 2%).

$638

4

Rate can rise to 10.25% (8.25% plus another 2% per yr)

$762

5

Rate rises to 12.25% (10.25% plus a 3rd 2% increase)

$891

6 & up

Rate cannot exceed 13.25% (the initial 6.25% plus the life-time increase of 7%)

$957


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, and
  • Larger loan amounts

Lower Monthly Payments
A buyer on a budget too tight to handle the $594 monthly mortgage payment required by a $85,000 fixed term loan, might be enticed to squeeze in the $523 initial monthly payments on a $85,000 adjustable rate loan. This buyer could be in big trouble if the monthly payments shoot up to $638 in the third year.

Larger Mortgage Loan Amount
Because mortgage lenders feel protected by an adjustable interest rate, many are willing to grant larger amounts on adjustable rate loans than they would make available on fixed term loans. For instance, a lender who offers a maximum fixed term loan of $85,000 to Jane Doe on a $120,000 house, might offer Jane Doe a $100,000 adjustable rate mortgage loan on the same house. The adjustable rate mortgage makes it possible for Mrs. Doe to purchase a house that an objective observer might say is beyond her means… which could be financially dangerous.

Consider an adjustable rate mortgage loan only if you:

  • Understand how rising interest rates might impact your financial security.
  • Have a good idea of how long you will be in this house or hold this mortgage loan.

How would rising interest rates impact your financial security?
The low initial monthly payments make adjustable rate mortgage loans especially attractive to first-time homebuyers, usually on a tight budget, but also to buyers who want to buy a more expensive home than they could otherwise afford. Unfortunately, some real estate agents and mortgage brokers encourage this type of over-borrowing.

 


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!” 

  • Can you afford higher mortgage payments, pay your other bills, and still save for retirement?

  • Can you pay the highest monthly payment allowed on the adjustable rate mortgage loan for a full year? This is the payment you would have to make if the interest rate on your loan went to the lifetime interest rate cap allowed on the loan. Ask your mortgage lender or broker for this number.

  • Is your job or profession rock solid, with high probability of increased income in the next few years?

  • Will the next four years be free of new financial obligations such as children or taking care of aging parents?

How long do you expect to be in this house or hold this mortgage loan?
Our grand parents might have lived in the same house for their entire lives, but in today’s mobile society, the average American change homes every eight years. If you plan to be in your home for less than eight years, an adjustable rate mortgage loan might be the cheapest form of financing.

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:
Hybrid loans address some of our concerns about adjustable rate 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.


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

  • Find the best mortgage loan on the Internet
  • Ask local mortgage brokers to match the best Internet rate

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:

  • Display their best rates for your situation

  • Let you apply for a mortgage online

Get a list of mortgage lenders at MonsterMoving. www.monstermoving.com/Mortgage_and_Finance/Quotes/


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:
At 800-873-2837 or www.hsh.com/ , …HSH Associates publishes lists of mortgage lenders and current interest rates for most metropolitan areas. They charge $20 for their basic package, which comes with a booklet explaining pretty much everything a buyer needs to know about comparing mortgage loans.

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:

  • Ask friends who have recently bought homes.
  • Get a referral from your real estate agent.
  • Not working with a realtor? Call a local agent and ask for a referral.

If none of the above turns up local mortgage brokers, find some in the local telephone directory.

Mortgage Brokers
A good mortgage broker will dot the i's, cross all the t's and make sure your mortgage money arrives in time for the closing. A good broker also knows which lenders will be sympathetic to buyers with credit problems. For her services, the mortgage broker earns between .7% and 2% of the loan amount ($700 to $2000 on a $100,000 loan)

A mortgage broker is a must for people with:

  • Credit problems (which must be explained).
  • Less than 10% of the purchase price for a down payment (most lenders avoid loans over 90% of the property value).
  • No time to shop for a mortgage loan.

What if you can’t find a local mortgage broker?
It’s okay. Most Internet mortgage lenders are reliable, and a good real estate agent can provide local input and makes sure the check for your mortgage loan arrives in time for the closing.


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:

  • Sales contract on the home you want to purchase

  • Sales contract on your current home, if applicable

  • Name and address of residences for the last 2 years

  • Name, phone number and address of current landlord

  • Pay stubs showing your name, year-to-date earnings and Social Security #

  • Last 2 Years W-2's, showing annual income

  • Complete tax returns for last two years

  • If self-employed; Year-to-Date Profit and Loss Statement

  • Divorce or separation agreement if you pay or receive child support or alimony

  • Most recent statements on outstanding loans and credit cards

  • Bank statements for last 3 months on all accounts

  • IRA/Keogh/401 K/Profit sharing statements for last 3 months Employee’s relocation agreement if you are being transferred into the area

  • Bankruptcy papers if applicable

Permissions to inspect your finances
Before offering a loan, mortgage lenders often ask for your written permission to talk to your employer, banks and stock brokers. This request usually means you have been approved for a loan pending confirmation of what you already told them.

If turned down for a mortgage loan
It might be a good thing if the reason was excess debt such as on credit cards. Look at the rejection as a wake up call. Credit card debt with horrific interest rates approaching 20%, is a serious drag on any one’s ability to ever purchase a home.

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.


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.


Try to evaluate your future home in terms of what will work for you, your family and even your pets.  Things to look for:

Basements:
Basements should be dry. Spend your viewing time looking for signs of moisture on the walls or ceiling. Windows, even tiny ones as long as they let in sunlight, are a plus. Also look for a direct exit to the outdoors. A full-size vertical door is best but stairs leading to a horizontal or slanted door is fine.

Bedrooms:
The master bedroom is a major selling point, but be sure to examine each of the smaller bedrooms. Look for closet space, wall space for furniture arrangement, and easy access to a bathroom.

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:
Everyone loves walk-in closets especially in the master bedroom, but don’t forget to check for the following features:

  • A front hall closet where you can hang a guest’s coat

  • A hallway closet for sheets and blankets and another in the bathroom for towels

  • A broom closet near the kitchen

  • A pantry in the kitchen

  • A coat closet near the back door or near the entrance from the garage


Dining Rooms:
If there is a formal dining room, it should have a direct doorway to the kitchen and another to the foyer or the living room. Subtract from your offering price if the dining room is separated from the kitchen by stairs or a hallway.

Direction:
Is the house facing North or South. A southern exposure might lower heating bills. Note which rooms will fill with afternoon sun, which will get morning light, and which might remain dark all day.

Driveways:
Concrete driveways add to resale value; so does a black top surface. Crushed bluestone is less acceptable, but better than a plain gravel driveway. Bluestone and gravel are muddy in wet weather and difficult to clear in the winter.

Entranceways:
The front entranceway creates the first impression and is an important factor in the salability of a house, but after the first few weeks most buyers use the back door or garage entrance almost exclusively.

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:
Fireplaces are a plus even in the South and South-West where owners might never light a fire.

Garages:
An attached two-car garage is the best bet, and even better if it has a few extra feet of width for storing garden equipment and bicycles. A garage located under the house is less desirable because it means climbing a flight of stairs to get into the house, this can be a pain when unloading groceries from the car.

Heating:
The main heating consideration is fuel type. Ask the owner or real estate agent if the house is heated with electricity, gas, or oil.

  • Electric heat might be the most convenient, but it is also the most expensive.

  • Gas heat combines convenience with low cost but is not available in some areas.

  • Oil heat requires periodic truck delivery and might not make it to your home in extreme weather.


The second consideration is heating method (heat pump, steam radiators, circulating hot water, forced air, and baseboard).

  • Circulating hot water delivers a moist heat, which is better for those with allergies.

  • Forced air delivers heat fastest, within ten minutes of flipping a switch.

  • Radiators take longer to heat up a room but they are cheap to operate.

  • Heat pumps are fine in the South, but often don’t deliver enough heat to keep Northerners warm in the winter.

In House Traffic Patterns:
Getting from one room to the next should be easy and logical. No one should be trapped in their bedroom because the only way out is through another bedroom, or a dining room full of strangers. Only the kitchen, and maybe the family room are acceptable walk-through rooms. All other walk-through rooms are a detriment to resale. Check the following before making an offer on a house:

  • How do you get from the backyard or porch to the kitchen? Anyone on the deck or in a lawn chairs will want to get to the refrigerator easily, preferable through a door directly into the kitchen.

  • What is the path from the kitchen or family room to the most often used bathroom? A bathroom off the foyer is convenient for guests but not for muddy children who must walk through the dining room to wash up.

  • How do you bring groceries and other items into the house? Is it directly into the kitchen from the garage, or up a long stairway?

  • Is the master bedroom and bath on one side of the house with the children and guest bedrooms on the other side? This works well for couples with older children, and is a must for unrelated single buyers, but couples with toddlers might prefer bedrooms closer to their own.

Kitchens:
You don’t need us to tell you that eat-in kitchens are big pluses, that center islands are popular, or that slate and tile countertops are preferred over Formica. What you might forget is to look for a broom closet, or ask where mops, buckets and, brooms will be kept. If there is a door to the outside or to the garage, is there a coat closet or a place to put wet shoes?


Laundry Facilities:
A basement washer and dryer is better than no laundry facility, but no one loves carrying laundry up and down cellar steps. A separate laundry room near the kitchen adds the most value to a home, especially if there is enough space for an ironing board. Some Buyers prefer a laundry room on the same floor as the bedrooms, but jeans in a dryer can be awfully loud at night.

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:
Buyers in northern states will not want to maintain an above-ground pool that can only be used a few weeks a year. In warm weather areas, a pool is a big plus except for buyers with small children who sometimes worry about safety.

Windows:
Self-insulating, or storm windows can save big dollars on heating bills during northern winters. Don’t worry if you can’t tell a self-insulating window from a sun screen, ASK the owner or real estate agent about the windows and their insulating properties. Screen windows without insulation are okay in the sunny South, except for oceanfront properties where hurricane shutters are a big plus.

 


On each viewing look for the following problems and make notes

  • Water pressure: Turn on faucets on the top floor. Make sure water flow is adequate.
  • Heating and Air: If summer, is it cool on the top floor? If winter, is it warm on the ground floor?
  • Moisture: water stains on ceilings, damp basement walls or musty odors are all signs of possible water damage.
  • Cracks in plaster walls might mean nothing, but all cracks should be investigated by a professional, especially cracks around fireplaces or in foundation walls.
  • Uneven floors: floors that are not level could mean the house is sinking. It might have done all its settling in the first year and has been stable since, but have it checked anyway.
  • Loose doors: Look for light coming in around and under exterior doors. These might need insulation or refitting.
  • Alignment: Pay attention to doors not perfectly vertical. If you can see more space between a door and its frame at one end than at the other, the door is installed improperly and will eventually stick or fail to lock.
  • Sticky doors & windows: Hard to open windows are not a serious problem, but it's a good negotiation point. Ask for a few hundred dollars off the price or some other concession from the seller.
  • Tilted stairways: Like uneven floors, tilted stairways indicate movement in the foundation. Make a note and discuss with your inspector.

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.

 


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:

  • No asbestos, lead-based paints, formaldehyde or other common building products recently found to be hazardous.

  • Cheaper to maintain due to the latest in energy efficient heating, cooling and insulation technology.

  • Zero first-year maintenance for roofing, heating, cooling and major appliances covered by warranties.

  • Sufficient wall and floor outlets to accommodate high tech goodies: from DVDs and espresso machines to microwaves and DSL lines.

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:

  • The professionally decorated, beautifully landscaped model home that you see is not what you get. Aside from the decorator furniture your home is without the appliances and quality carpets that are "extras" not included in the price.

  • Prices are less negotiable. The developer can't give you a deal because that would undercut appraisals on other homes in the development. Negotiations are effectively limited to "upgrades" on things like flooring and appliances.

  • Hidden operating costs: Homeowners are usually charged association dues for maintenance of amenities such as pools, tennis courts and health clubs.

  • Lost leader: A bare bones home is priced attractively low, but basic "upgrades" such as good carpets, wood floors, and ceramic tiles are more expensive than if purchased from Home Depot or similar home supply stores.

  • Price per square foot is relatively high. For the same money you can get a larger pre-owned home.

 


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:

  • Lower purchase price: prices are not only more negotiable, they start lower than prices for new homes of similar size.

  • Established neighborhoods: schools, transportation, shopping and entertainment can be examined right now.

  • Builder errors have been detected and resolved: no need to guess how an old home will age.

  • Cheaper to move into: window shades and blinds are in place, landscaping, patios and fences are complete.

  • Style and craftsmanship: plaster walls, parquet floors, wood paneling and 12 foot ceilings are prohibitively expensive in a new house

The downside of older homes:

  • More expensive to operate: Major appliances, plumbing and heating systems will need some maintenance during the first year.

  • Lack of modern insulation materials means bigger gas and electricity bills to heat and cool.

  • Not enough bathrooms and electrical outlets.

  • Beware of charming old homes located in not-so-charming neighborhoods: these can be almost impossible to sell.

Buy Homes that can be Sold at a Profit:
Unless like the Queen of England, you are certain to live in the same house for the rest of your days on Earth, you need to buy a house that you can sell at a profit. Sure, you might have no plans to ever move, but you could get a job offer in sunny Arizona that is too good to turn down, and even if you don’t the odds are you will keep your current house no more than eight years.

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 ?


For instance:

  • Your gourmet husband loves the commercial six-burner stove.

  • Your kids love the cement basketball court that covers the lawn.

  • You love the light coming through the big bathroom windows.

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:

  • The only brand new house in the middle of a tract of old homes

  • A house bigger than all the others on the block

  • The best maintained home in the middle of a dilapidated block

  • A three story home that towers over its single floor neighbors

  • A single family home in the midst of multi family rental units

  • A luxury condo on the fringes of a ghetto.

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!

 


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:

  • Find a house that meets your needs
  • Tell you what the house is worth
  • Recommend mortgage brokers and home inspectors
  • Coordinate the closing

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:

  • They can't afford to spend time with people who just love looking at homes.
  • They need clients who are ready and able to buy.

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:
Audrie found her first agent by responding to a newspaper ad for a three bedroom house near Emory University in Atlanta. The agent who placed the ad became a friend but knew little about real estate, ...this is the Russian Roulette method of choosing an 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:

  • Anyone who has recently purchased a house in your target neighborhoods. Ask why they liked their agent.
  • People in related fields: ask your lawyer, tax accountant and insurance broker about real estate agents they know.
  • The agent who sold you your current house: she might know a top agent in your target neighborhood.
  • Your church, synagogue or mosque: ask members who have recently purchased a home.
  • Your employer or fellow employees who live in your target neighborhoods.

Not enough referrals?
Find agents on the Internet at www.homegain.com/ under “find and compare Realtors,” or at www.realtor.com/ under “find a Realtor.”


Questions to ask prospective agents:
How long have you been a full time agent?
There are many good part-time agents, but full time agents tend to know more about neighborhoods, prices, and good sources of mortgage loans.

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:

  • Is a successful full time agent.
  • Has sold homes in your target neighborhoods.
  • Is comfortable searching for homes on the Internet.
  • Communicates with you clearly
  • Has a personality you enjoy

"Playing the field" and using several agents can be counter productive:

  • Agents exert minimum effort when they know the commissions could easily go to another agent.
  • Agents work their butts off when finding the right house means getting a paycheck.

 


 

 

The Buyer's Agent

As mentioned above, several states have instituted "Buyer's agents" who represent the Buyer and not, as is traditional, the Seller. Unlike regular real estate agents, the Buyer's agent is not required to get the Seller the highest possible price for his or her property. The Buyer's agent can actually negotiate price on behalf of the Buyer.

At present, most Buyer's agents will want you to sign a contract agreeing to let them represent you until you purchase a home. Some charge a flat fee for their service while others ask for the standard real estate commission of 6-7% of the purchase price. We suggest the contract with the Buyer's agent be for no longer than thirty days; otherwise you might get stuck with a lazy agent who demands payment for a house you find on your own.

You can find out if your state has legalized Buyer's Agents at www.buyersresource.com which lists the names, and contact information for Buyer's agents in states where they have been authorized to do business.

 


How to work with real estate agents

Buyer's who know what they want get the best service because:

  • Real estate agents don't get a dime until a house is sold.
  • They have families to feed and can't afford to spend hours with people who just want to look at houses.

Do your homework:
In Section one, (page 5) you should have nailed down how much you can spend to purchase a home, and perhaps gotten pre-approved for a mortgage loan. If you did not have time to get pre-approved, you can pre-qualify yourself with Audrie's calculator at: www.homebuyingtips.net/Mortgage_size.htm

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..

        

 


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:

  • Price range
  • Age and locations
  • Minimum number of bedrooms and bathrooms
  • Garage requirements

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:
Limit yourself to viewing no more than four or five properties in one day and avoid starting on one side of town then crossing to the other side and back again. Try to concentrate your hunt to a single neighborhood in one day. That way you can focus and get a good idea of comparative value.

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: 

  • Provide a comparable market analysis (CMA) to evaluate the Seller's asking price. You can see a sample CMA on page 47 or on the web at: www.homebuyingtips.net/Comparble_CMA.htm
  • Recommend local mortgage brokers who might get you a lower rate or bigger loan.
  • Estimate closing costs.
  • Recommend a lawyer in states where it is appropriate.
  • Recommend a professional home inspector.
  • Provide you with forms to make a formal offer to purchase.

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 notever …count on your agent to fight to get you a lower price. Negotiating price is the Buyer’s job, your job.

 

 


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.
The best builders are expert coordinators who choreograph teams of carpenters, plumbers, roofers and painters. Unfortunately, when rushed to meet deadlines carpenters sometimes fail to wait for plumbers. Plumbers are forced to cut through structural beams to lay their pipes... heating & air people do the same for vents.

  • A new home should be inspected before the walls are closed up, while structural problems are out in the open.

Finding and hiring a good Inspector:
The Home Inspector Locator at www.homeinspectorlocator.com can help in finding a local inspector. You can also find inspectors at the American Society of Home Inspectors at www.ashi.com/find/ and the National Institute of Building Inspectors at www.nibi.com/members/members.htm

  • Interview local inspectors and look for those who will explain his or her findings in plain English, including written descriptions of the property’s structural and mechanical condition.
  • Ask to see a sample report and eliminate those that are just checklists. You want an inspector that explains his findings in plain English.
  • A full time professional inspector is best but not necessary if he or she has good credentials, such as experience in construction, engineering, plumbing or insurance-claim adjusting.
  • You want an inspector who does most of his or her work in the area where you want property inspected: i.e. someone familiar with local zoning rules and local problems such as mud-slides or floods.

  • Your inspector should agree to at least a two hour inspection where you accompany him and he answers all your questions.


The Buyer should personally manage the professional home inspection.
Why? Because real estate agents don’t want to hear deal-breaking news. Even the best intentioned agent is motivated to close a deal so he or she can get paid. The Buyer should:

  • Walk through the home with the inspector and ask questions.
  • Get informal price estimates for repairing problems.

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:

  • Bleedout. Sewage from a septic system is rising to the surface rather than draining into the earth.
  • Bridging. Crisscrossed pieces of wood wedged between supporting beams to distribute stress and reinforce the beams.
  • Circular Pump. The pump on a hot-water furnace boiler that moves the water through the heating pipes and radiators.
  • Eave. The extension of a roof beyond the walls of a house.
  • Efflorescence. White, fuzz-like powder that forms on basement walls when moisture is present behind the walls.
  • Effluent. Treated sewage from a septic tank. This is mainly bad smelling water, the same stuff referred to under "bleedout."
  • Flashing. Material used at roof angle changes or joints (such as where the chimney protrudes through the roof) to prevent leaking.
  • Flue. The passageway in the chimney through which smoke rises to the outside air.
  • Joists. Beams that rest on the outer foundation or walls to support the boards of a floor or ceiling.
  • Lolly Column. A steel column filled with concrete that supports a girder or some-times other floor beams.
  • Leader. A downspout or vertical pipe that drains water from a roof.
  • Riser. The vertical part of a step.
  • Sash. The framework in which panes of glass are set in a window.
  • Sheetrock. Plasterboard or drywall.
  • Splashblock. Stone or concrete formations under the downspouts that take water away from the foundation.
  • Sump. A pit in the basement floor or crawl space that collects water to be pumped out.
  • Tread. The horizontal part of a stair that you step on.
  • Vent Pipes. Pipes that allow air to be vented outdoors from the plumbing system.
  • Window Well. An excavation around a cellar window.

 


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)         

Address

Bedrooms

Baths

Square
feet

Garage

List
Price

Sold
Price
Date
134 Harbor Pl 4 2 1904 Y $155,000 N/A N/A
1 12 Harbor Pl 4 2 1970 N $148,250 $145,000 3/18/01
2 128 Harbor Pl 4 2 1996 Y $153,900 $152,000 6/15/01
3 44 Baltic 4 2 1/2 1812 N $150,000 $149,950 12/5/00
4 12 Sea View 4 2 1772 N $144,000 $142,250 8/02/01
5 22 Sea View 4 2 1710 N $153,000 $152,000 11/1/01

Range of Sold Prices: $ 142.750 - $ 152,000
Average - $148,340
On average, Buyers paid $1,000 less than Seller's asked

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.

 


The $155,000 asking price might be justified:

  • If "your" home at 134 Harbor Pl. is in better condition than the #2 home at 128 Harbor Pl. which sold for $152,000 back in June.
  • If home prices have been rising in this neighborhood

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:

  • Agents are paid by the seller and are legally bound to get top dollar for the seller's property.
  • An agent can give advice and act as go-between during negotiations, but he cannot press the Seller to reduce his price, that is the Buyer's job.(Buyer’s agents are the exception to the above.)

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.


Okay, you know what price you're willing to offer.
- Negotiating Tips -

Be flexible.
Set limits, but do not be so rigid that you cannot respond to a reasonable counter offer. Avoid take-it-or-leave-it attitudes that can cause you to lose a property that you really want over a few dollars a month, which is what financing an extra $600 in sales price would cost you.

Keep the amount you are willing to pay absolutely secret.
Your initial offer will be rejected if the Seller knows or even suspects you are willing to pay more. Tell no one, and especially not your agent the real maximum amount you are willing to pay for a particular house.

Make your desire clear.
The Seller needs to know that you are not making bids on other homes, so make sure he understands that you want his house. The seller must see you as a serious bidder who wants to own his house, but at a fairer, more affordable price.

Ask for concessions.
For each increase in your offering price, ask the Seller to throw in something. Ask for anything that makes sense, a lawn mower or refrigerator, or ask him to paint the garage or pay for your professional home inspector. The Seller may reject your bid but agree to let you have the lawn mower at their higher price. Buyers who gradually increased their bids in $400, $750 or $1,000 increments got the best results, especially when they asked for small concessions with each bid.

Consider the value of time.
If you have been pre-approved by a mortgage lender, point out to the Seller that you can close quickly. This is an especially strong point when the Seller is under pressure to sell quickly. If the Seller is in negotiations for another home or has to relocate for a new job he won't want to wait a month or more to find out if another Buyer can qualify for a mortgage loan.

Evaluating the Asking Price
Our Sample House at 134 Harbor Pl is 10 years old. If our sample house was brand new we would have zero to little room to negotiate price. The reason is simple. Most new homes are pre-appraised and the builder's financing is tied to those appraisal values. A builder with fifty homes cannot reduce his price on one home without risking the appraised value of the other forty-nine homes in his development.

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.

 


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:

  • A list of estimated closing costs as explained on our web site at: www.homebuyingtips.net/Closing_Costs.htm. Property inspections for a $155,000 home can cost $200 to $250, title insurance can cost $50 to $100, and mortgage related closing costs easily top $3,000. For most buyers, getting the seller to pay $400 in closing costs is well worth an additional $1,000 in purchase price (because the $1,000 is financed over 30 years at a cost of a few dollars per month, while the $400 must come out of the buyer's cash-depleted pocket).
  • Your concession list: a written list of items on the property that need or will soon need repair. For each increase in your bid ask the seller to repair an item on this list, or pay for one of the above closing cost items. When the seller says your bid is too low, mention some (but not all) of these items.
  • A list of features that might narrow the number of potential buyers for the property (even if the feature makes the home ideal for you). For example, the home is located across the street from a school or near an industrial complex. These are discussion items. You want to point out that while you might love the house, a noisy school-yard can mean lower resale values. As a chemical engineer, you love the easy commute to the nearby plant, but most buyers will want to avoid a potentially toxic industrial complex.
  • An accurate estimate of how many dollars in monthly payments it will cost you to increase your bid by $500 or $1,000 (you can get this from our mortgage calculator at: www.homebuyingtips.net/Calculator_monthly_incre.htm).When the seller makes an attractive counter-offer you should be able to accept on the spot and get his or her signature on a contract. If you have to go home to your calculator or sleep on it, the buyer might change his mind or sell to another bidder.
  • A negotiating diary: any notebook will do

 


Some additional negotiating tips...

Size up your Seller by finding out his reasons for selling.
Some reasons for selling put more pressure on the Seller than others. For instance, a seller who has accepted a job transfer to another state might not have time to wait for another buyer. If the owner has died, his or her heirs might not feel like quibbling over details. Homeowners going through a divorce might also be anxious to sell.

Find out if your Seller has signed a contract to purchase another house.
…or even better, has he already purchased another house? A Seller that has committed to another house is more likely to concede to the Buyer's demands.

Don't waste time with Sellers who won't negotiate price.
A Seller who won't discuss his asking price in relation to similar homes in the neighborhood is not a serious Seller. At best he is ambivalent about selling, or just wants to find out how much he can get for his property.

The Seller is not the enemy.
Engage him in negotiations. Talk to him! If his Counter Offer is $10,000 above your offering price, get an explanation. Has the Seller checked neighborhood selling prices ? Is there a major disagreement about the condition of the property ? (Might your inspector be wrong about the property needing a new roof?)

Don't waste time making low-ball Offers.
An Offering Price at the low end of selling prices for the neighborhood is okay. Anything much below the range of neighborhood selling prices tags the Buyer as "just fishing."

 


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:
By tradition in most states, the Seller pays the Buyer's costs in obtaining a mortgage loan. These range between 2% and 3% of the purchase price. Make sure your Offer charges these costs to the Seller.

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:
"Other" closing costs range between .5% and 1.5% of the purchase price and include items such as fees for the Attorney, Home inspector, and Title-search company.

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)

 


 
 

Offer to Purchase Agreement

 
      
 

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.

 
     
  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 _____________________________________________________

                                                                                           

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. 

 
     
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_____________________________________
 
D. Buyer warrants that Buyer will at closing have additional cash in the amount of, $_30,000_____, to complete the purchase.
                                                                                  
 

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. 

 
     
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.

 
 
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.  

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.

 
 
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.                                                         
 

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.

 
 
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.
 
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 ____________________________________  
 

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.

 
       
  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 _______________
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 _______________
  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.  
     

   

11. SELLERS DISCLOSURE STATEMENT AND OTHER DISCLOSURES WITH CANCELLATION RIGHTS:

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.

 
 
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.

 

 
  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. 
 
 
  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 ___________________
 
  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.
 
 
  C. ITEMS EXCLUDED FROM SALE____Outdoor Gas Barbecue
Buyers initials ____J.B. __________ Seller's initials ___________________
 
  If connected to the house by a gas line, a gas barbecue is included in the sale unless excluded as in this case.   
   
     
  • Paragraph 14 - removal of contingencies and cancellation rights

  • Paragraph 15 - sale of Buyer's property

  • Paragraph 16 - final inspections

  • Paragraph 17 - dispute resolution

  • Paragraph 18 - proration of taxes and other items

  • Paragraph 19 - withholding taxes

  • Paragraph 20 - equal housing opportunity

  • Paragraph 21 - contract changes

  • Paragraph 22 - definition of terms

   
     
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.  
 

 

 
     
  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.
 
 

BUYER _______Jim Buyer__________________________ 
BUYER _________
Mrs. Joan Buyer__________________

 
  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.   
     

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___).

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 ____________
 

 
 
   

 

 

 

 

 

Counter Offer

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.
 

Counter Offer to Purchase Real Estate 

This is a counter offer to Offer Dated:_May 1, 200x__
Between _____Mrs. Joan Buyer_____ (Buyer) 
and ___Mr. Archie Seller______ (Seller)
for property located at:
  ADDRESS __________134  Harbor Place
CITY_____
Bakersfield____COUNTY___Orange_
STATE____
California__________
 

 

1. TERMS. The terms and conditions of the above Offer are accepted subject to the following:
 

 
 

The Seller could choose to put his counter-offer on a full five page Offer to Purchase Agreement, but instead he simply states that he accepts the conditions of the Buyer’s offer except for the items which he lists below.
 
A. Down payments and mortgage loan amounts shall be adjusted proportionally to equal the agreed Purchase Price
 

 

In other words, the down payment plus the mortgage loan must equal the Seller’s new asking price, which he hopes will become the agreed Purchase Price.
   
B. Paragraphs in the Offer which require initials by Buyer and Seller, but are not initialed by Buyer and Seller are excluded from the final agreement unless referenced for inclusion in paragraph C below.
 

 

 
C1. Paragraph 2A of the Offer is changed to read:
The purchase price to be paid by the Buyer at closing is:
A hundred & fifty three thousand__   dollars,   $_153,000_____. 
 

 

The Seller refers to the paragraph where the Buyer stated his offering price, and states that the purchase price should be $153,000.
 

 

C2. Paragraph 10-B2 of the Offer is changed to read:
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 $__
2,000___ .
Buyers initials _________    Seller's initials ____
A.S.________
 

 

The Seller agrees to pay the Buyer’s cost of obtaining a mortgage loan, but sets the maximum he will pay at $2,000. If the Buyer’s cost of obtaining a mortgage loan exceeds $2,000 the Buyer will have to pay the excess.

   

C3.

Paragraph 10-B3 of the Offer is changed to read:
___ Buyer _
X_ Seller shall pay half of closing costs, including attorney fees, title search, title insurance, and document insurance. Such closing costs not to exceed $__500__ .
Buyers initials ______________    Seller's initials ____
A.S._________
    The Seller agrees to pay half of what we call “other” closing costs (inspections, recording fees, title insurance, etc.), but no more than $500.
 
2. OTHER OFFERS: Seller may continue to offer the property for sale or lease, and to accept other offers prior to receipt of the Buyer's acceptance of this Counter Offer by signing paragraph 4 below.

  

3. EXPIRATION: This Counter Offer shall expire 30 (or___ ) days after the date signed by the ____Buyer, _X_ Seller preparing this counter offer:
____Mr. Archie Seller______   Seller     Date: _May 12, 200x
     
4. ACCEPTANCE: This Counter Offer is accepted.
_________________________________ (Buyer)     Date: __________ 
_________________________________ (Buyer)    
Date: __________
 
     
The Seller's Counter Offer reduces his asking price by $2,000 and offers to pay portions of closing costs.
  
But by getting the Seller to pay $2,000 towards mortgage loan costs and another $500 towards “other” closing costs, the Buyer has effectively gotten an additional $2,500 reduction in the price of the property.
 
Original asking price  $155,000  
New asking price    $153,000
     
Seller pays mortgage loan costs   - 2,000
Seller pays other closing costs   - 500

Net asking price    

  $150,500

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:
Appraisal:
The Mortgage lender will send a real estate appraiser to determine the value of the home. If the appraised value is below the agreed sale price, the lender will not provide a mortgage loan.

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.)


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.

  • Lending institution's check for the new mortgage amount
  • Buyer's check for the down payment
  • Buyer's binder or earnest money deposit

Together, the above should at least equal the agreed selling price.

Moneys Paid out.

  • Outstanding balance on the Seller's current mortgage
  • Fees to real estate agents, if any
  • Closing costs (see Settlement Statement).
  • Cash to the Seller.

Real Estate Settlement Page One

Below are sections from a settlement statement plus our comments in italics.  This example is based on a home selling for $150,000, where the Seller owes a balance of  $67,800 on his mortgage loan.
Note:   This might be more than you care to know about settlement statements.
The top of the statement summarizes the amounts the Borrower (Buyer) must pay, and the amount the Seller should receive. In both cases this includes the sales price of the home, plus any personal property, such as furniture, included in the sale.

Summary of Borrower's Transaction

Summary of Seller’s Transaction

Sales Price $150,000 Sales Price $150,000
Personal Property 0 Personal Property 0
Settlement Charges to Borrower $      1,038    
Taxes and assessments already paid by the Seller are added as adjustments to both the Borrower's (Buyer's) side and the Seller's side.
  
Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance
Taxes $    425 Taxes $    425
Assessments $       0 Assessments $       0
Gross Amount Due From Borrower $ 151,463 Gross Amount Due to Seller $ 150,425
The next two sections list moneys paid on behalf of the Borrower, and moneys to be paid by the Seller at the closing ("Reductions in Amount Due To Seller")
Paid By Or In Behalf of Borrower Reductions in Amount Due To Seller
Earnest money deposit $ 1,000 Settlement Charges $ 7,680
Principal amount of loan (real estate mortgage) $120,000 Payoff of first mortgage $67,800
    Payoff of 2nd mortgage $       0
Taxes and assessments due, but not paid by the Seller, are added to amounts paid by Borrower (because he inherits the liability), and also added as a reduction in amount due to the Seller.
Adjustments for items unpaid by Seller Adjustments for items unpaid by Seller
Taxes $         0 Taxes $        0
Assessments $        0 Assessments $       0
Total Paid By/For Borrower $121,000 Total Reduction to Seller $ $75,480
The bottom sections of the statement list total cash due from Borrower (Buyer) and total cash due to the Seller.
Cash at Settlement From Borrower Cash at Settlement To Seller
Gross amount due from Borrower $151,463 Gross amount due to Seller $150,425
Less amounts paid by Borrower $121,000 Less reductions to Seller $75,480
Cash From Borrower $ 30,463 Cash To Seller $74,945
"Cash From Borrower" is the amount of the certified check Buyer must provide at the closing (essentially the "down payment.")

Below, are sections from the 2nd page of a settlement statement for a $150,000 home. Our comments are in italics. 
The second page assigns settlement charges to the Borrower (Buyer), or the Seller. Totals from Borrower's column and Seller's column are carried to the first page as "Settlement Charges to the Borrower" and "Settlement Charges to Seller."
L. Settlement Charges

  Real estate commissions, listed at the top of the page, are normally charged to the seller.   In this case, the Seller did Not use a real estate agent, so the charge is zero.

Total Sales / Broker's Commission Paid From Borrower's Funds Paid From Seller's Funds
Commission paid at Settlement $ $ 3,750

  The second group of charges relate to the cost of processing a mortgage. These charges are assigned to the Borrower or the Seller based on what was agreed in the Sales Contract. 
In our example the Seller had agreed to pay up to $3,000 in mortgage closing costs.  The total comes to $3,060, so $60 is assigned to the Borrower (Buyer).

Items Payable in Connection With Loan
  Paid by Borrower Paid by Seller
Loan origination Fee $                   60 $   2,390
Appraisal Fee $ $   310
Lender's Inspection Fee $ $
Assumption Fee $ $
Underwriting Fees $ $   300

  Items the mortgage lender requires to be paid in advance are grouped next. These are usually charges to the Borrower.

Items Required by Lender to be Paid in Advance
  Paid by Borrower Paid by Seller
Interest $   25 $  
Mortgage Insurance Premium $   0 $  
Hazard Insurance Premium 300 $

  The final group of mortgage related charges are the reserves deposited with the mortgage lender to set up an escrow account. Funds in the escrow account are used by the lender to pay things such as property taxes for the Borrower / Buyer. They are charged to the Borrower.

Reserves Deposited With Lender
  Paid by Borrower Paid by Seller
Hazard Insurance $   60 $
Mortgage Insurance $   0 $
Property Tax $   468 $
Annual Assessments $ $

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.

Title Charges
  Paid by Borrower Paid by Seller
Title Search $ $   150
Title Insurance $ $   295
Document Preparation $ $   125
Notary Fees $ $
Attorney Fees $ $   250

Government recording and transfer charges are grouped near the bottom of the page.

Government
  Paid by Borrower Paid by Seller
Recording Fees $ $     25
Tax & Stamps $ $     50

The last group of charges is a miscellaneous category.

Additional Settlement Charges
  Paid by Borrower Paid by Seller
Survey $ $
Pest Inspection $   125 $
Courier Service $ $     35
Total Settlement Charges (enter here and on First page) $   1,038 $ 7,680
  Paid From Borrower's Funds Paid From Seller's Funds