This is Part 7 of the First Time Home Buyer: Part 1, Part 2, Part 3, Part 4, Part 5 and Part 6
You’ve found it, the perfect house. Now the real stress begins, to move forward you have to make a written offer. This piece of paper is a contract between you and the seller that will lay out the terms of the transaction. Mistakes in your offer could end up costing you big money so it’s important to get it right. Let’s look at some key issues when making an offer on a house.
Local Custom
As I’ve said before, real estate is local. There will be local laws and customs to follow when putting in an offer. When I purchased my house my agent used a standardized form created by the state board of realtors. This form had all of the boilerplate legalese already typed up with blank spaces to input the particular details of the transaction. Your realtor should craft your offer based on your input, I sat down together with mine to put the offer together.
How Much do you Offer?
I can’t answer this question for you, it’s a huge decision. Any offer you make needs to be in the context of the current market and what the sellers are asking for. Your agent should gather information on recent sales of nearby homes, these are called "comps", a shortened form of comparable sales. From this information you can make a rough estimate of the market value of the home you are interested in. Whether the sellers understand the market value of their home is another story.
What if the market analysis says the home is overpriced?
You have two options if you think a house is overpriced, make a low offer or simply walk away. Often sellers have an unrealistic expectation of how much their precious home is worth, an offer well below the asking price may not even get a response.
Don’t Offer More than you Think the Home is Worth.
Your opinion on the home’s value isn’t the only opinion that counts, your lender has a say as well. To complete the sale of the house you must have an appraisal done to verify the value. Having a purchase offer for more than the house is worth will cause nothing but heartache. The lender will base their loan on the appraised price, not the price you offered.
If the house appraises below what you offered you have several choices:
-walk away (see contingencies below)
- try to get the seller to reduce the price to the appraised value
-cover the difference out of your own pocket.
Earnest Money Deposit
To show a seller that you are a serious buyer your offer should include an earnest money deposit. The amount depends on local custom but is typically several thousand dollars. My own was over $10,000 since the local custom is 3% of the purchase price. This money will later be applied towards your down payment or closing costs, provided you make it to closing. Make sure you have the money available when you make an offer.
This next point is very important – if you do not follow through with your half of the deal the seller gets to keep your deposit! Deposits are serious business, many a buyer has lost theirs by not understanding a purchase offer agreement. There are justifiable reasons to back out of the purchase, but only if they are listed in your offer. These are called contingencies, make sure you read the next section.
Contingencies
Contingencies are there to protect you and your deposit. A contingency will allow you to back out of the deal and get your deposit back, if certain conditions are met. There are a couple of standard contingencies that you absolutely need to include in your offer:
Inspection Contingency – you ALWAYS need to hire a property inspector to look over the house, even new construction. They will look for defects, problems or other issues with the house that you need to be aware of. Sometimes these inspections reveal problems that you don’t want to deal with. An inspection contingency will allow you to walk away without penalty pending inspection. This one is also good as a change your mind contingency since there are no stipulations on how bad the inspection has to be before you walk away. All homes have issues, the inspection will turn up something.
Loan Contingency – you can’t buy the house if you can’t get a loan. Now imagine the seller keeping your deposit because you can’t get a loan! Make sure your offer is contingent on your ability to secure financing. The contingency should include a threshold rate as well so you aren’t forced to chose between loan shark rates and losing your deposit. If you have been mortgage shopping then you have some idea of the current loan rates.
Appraisal Contingency – you need to protect your deposit in case the house fails to appraise at or above your offered amount. If you have this contingency, the seller will be more willing to negotiate the sale price rather than lose a buyer. If they won’t negotiate, you can walk away and get your money back!
These are not the only contingencies you can place in a purchase offer, include whatever terms you need to protect yourself. Remember that walking away after you’ve put down the deposit may mean losing your money. For common interest developments (condos and co-ops for example) you’ll want a contingency that allows you to review all the pertinent documents. There are often restrictions on how many pets you can have or what color your front door must be. You’ll want a chance to walk away after you discover the rules are a little too rigid for your tastes.
Deadlines
Don’t write an open ended offer, always include a date that your offer will expire. Keep the window short, this will limit the seller’s ability to hold out for a better offer and keep you from needlessly waiting. You might also include deadlines for the contingencies to expire or for when closing will occur.
Items to be Included in Sale
A lot of misunderstandings arise over what items convey in the sale. The default rules say that anything physically attached to the house stays. For example, blinds would probably stay but the seller can take the curtains. Appliances that are not built-in like stoves, refrigerators, washers and dryers are considered the seller’s personal property and are not automatically included in the house. But, you can ask that these items remain in the house in your purchase offer. In fact, you could list almost anything you like in the offer, though the seller may say no.
A Purchase Offer is a Contract
Your offer is the place to lay out all of the important aspects of the transaction between you and the seller. This document becomes a contract between you and the seller and any legal disputes will be decided based on what is in it. Make sure you cover all the bases, protect yourself and clearly lay out what it is you expect to happen.
Part 8 - During Escrow
Photo by: Andyrob
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