RE/MAX Advantage I



Posted by Mark Consolmagno Michelle Curran Team on 12/16/2020

Photo by Mohamed Hassan via Pixabay

Buying and selling real estate is a complicated process that takes time. Because you are making a life decision and dealing with strangers, you should always have a valid purchase contract. Real estate agents use a standard contract, but the buyer and/or seller may make changes to that contract. In making changes, be careful not to make the contract invalid.

A Valid Contract

Four elements make up a valid contract:

  • You must have an offer. In real estate, this is the party purchasing the real property.

  • You must have consideration. This is something of value, usually cash. In real estate contracts, this is called good faith money or earnest money and is usually 1 to 3 percent of the purchase price. The good faith money is typically non-refundable should the buyer back out of the contract. The consideration shows that the contract is not a gift.

  • The other party must accept the offer in the contract. If the seller signs the contract, they accepted your offer. However, if the seller does not accept your offer, they do not sign the contract. If the seller wants to counter, this may be verbal until the two parties agree upon a number. The real estate agent drafts a new contract that both parties sign.

  • Finally, the contract must contain mutuality or what attorneys often call “a meeting of the minds.” By signing the contract, the parties agree that they understand and agree to the terms of the contract.

Components of a Real Estate Contract

A real estate contract must contain:

  • The buyers’ full names.

  • The sellers’ full names.

  • The address and legal description of the property.

  • The purchase price and how the buyer will pay it, whether cash, cash subject to a new mortgage, cash subject to an existing mortgage, cash with the assumption of the existing mortgage or sale by land contract.

  • The amount of earnest money.

  • How the buyers and sellers will handle real estate taxes, assessments and adjustments.

  • How the sellers will transfer title and that the title is free and clear.

  • Date and time of possession of the property or closing date. In most cases, this is the closing date since most people do not have the cash to buy the property without a mortgage. It generally takes 30 to 60 days for a mortgage to be approved.

  • A list of improvements and fixtures that the seller will include in the purchase price.

  • Any other general or special conditions for the sale and/or purchase of the property.

Exceptions

Most real estate contracts also have exceptions. If these terms cannot be met, the buyers’ non-refundable deposit becomes refundable. Common exceptions include an inspection meeting the buyers’ expectations and the ability of the buyer to procure financing. The parties may further negotiate the price of the real estate based on the inspection. The parties may also add any other agreed-upon exceptions.




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Posted by Mark Consolmagno Michelle Curran Team on 10/7/2020

Image by Chanh Nguyen from Pixabay

Buying a home ranks among the largest purchases everyday people make in their entire lifetimes. If you have gone through the process at least once, you probably gained some valuable life lessons. Whether it’s time to purchase a larger home for a growing family or downsize to a more manageable living space, there are pitfalls that trip up even experienced homebuyers. These rank among the unforeseen issues that can cause setbacks and ways to avoid them.

1: Overcompensating For Past Regrets

When buyers search for their next home, it’s not uncommon to be driven by the perceived shortcomings of the last. For example, you bought a property that had all the living space you need. This may have included a home office, attached garage, and plenty of room to entertain guests. The downside may have been a lack of outdoor living space. Driven by the desire to have a veranda, deck, or big yard, emotion may cause you to compromise on other musts. It may be in your best interest to make a checklist of your needs and be certain you won’t experience buyer’s regret, a second time.

2: Skipping Contingency Planning

It’s not unusual for people to see properties moving quickly in their area and become overconfident yours won’t sit on the market long. The common mistake is to move forward and buy your dream home while expecting only a short period of holding two mortgages. If for some odd reason the market goes dormant in your neighborhood, the financial implications could prove disastrous.

The flipside is selling your hot property and renting as a stop-gap measure. Low housing inventories and competitive markets could land you in a pinch, and home-ownerless for an extended period. These are the reasons why people rely on contingency plans. Craft a deal that sets the homes up like a series of dominoes. When one sells, they all move, and you spend only one day relocating instead of many in a tight spot. Contingencies provide security and stability.

3: Forecasting A Neighborhood’s Future

No homebuyer or real estate professional has a crystal ball that accurately predicts a property’s value. But there is plenty of hard data that can be used to indicate whether a neighborhood is trending in the positive or negative. This may be particularly true in 2020.

Potential homebuyers can look at the pricing that includes listing, sales, and valuations that began before the last recession and lending crisis. You can expect to see a decline in these measures during that rough period. But these days, the economy is robust in many areas. How the property, and surrounding area, performed coming out of the recession could be a telltale sign of where values are heading. The point is to conduct thorough due diligence about the home and others in the neighborhood. Making an informed decision is critical to purchasing a property, regardless of whether you’re a newbie or seasoned homebuyer.




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Mark Consolmagno Michelle Curran Team
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