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Basic Steps-Buyers
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NEGOTIATION, INVESTIGATION & INSPECTION
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CONTRACTS ARE FULLY SIGNED
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TITLE IS FULLY CLEARED
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MORTGAGE IS FULLY CLEARED
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CLOSING
NEGOTIATION,
INVESTIGATION & INSPECTION
| A. INITIAL NEGOTIATION-The parties should discuss: |
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1. Purchase
Price
2. Down Payment Amount on Contract-The "Binder" |
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Typically 10% but can be
less
if the Seller agrees
Not necessarily related to
mortgage amount |
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3. Mortgage Amount
and Type-Conventional or other type of loan
(VA, FHA, etc.))
4. Closing Date- Typically ~ 60 days, but varies deal to
deal. |
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Usually
an approximate date unless otherwise agreed by
parties |
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5. Repairs -If any
6. Items
Included and Excluded-Appliances, window treatments, light fixtures, etc.
Be clear as to what is excluded and not
just what is included. Many Sellers believe they can remove items
unless they mention specifically that they are included. Contracts
usually state otherwise, but it is best to avoid confusion at the time of
closing |
B. INVESTIGATION-It is sometimes better to investigate some
issues at the beginning |
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Contact-The Town's Tax Assessor or Receiver of Taxes |
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Time is saved: It can take time to get the approvals if they
are needed. This process can be quick but sometimes may take
a few months.
Thoroughness is assured:
The Title Search will not detail what is on the inside of the house (i.e. finished basements
and added bedrooms) and rarely details the number of bedrooms that were originally
approved by the Building Department.
The Building Department may think there are no violations but there may be
improvements that it is unaware of.
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3. Condominium or Cooperative issues- The Buyer should check to see if there are issues that
it may be
responsible for such as new assessments or litigation or restrictions that would
be problematic such as those regarding pets, age of children to use common
facilities, vehicle parking and mandatory memberships.
● Contact the
Management Company-They often can answer
many questions
● Make sure that you receive a copy of the Offering Plan and Bylaws-If
not, let your attorney know |
C. INSPECTION- Should be ordered
by the Buyer immediately. The modest payment for an inspection is a good
investment and under New York State law, the Buyer has a duty to inspect the
condition of the premises. Some
items that can be inspected are: |
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1. Items that can be
inspected-Include
● Structure of House
● Mechanical and Electrical Systems
● Termites or Similar Infestation
● Well Water
● Radon Level
● Underground Oil Tank
● Lead Paint Hazards
2. Notify Agent of Items of
Concern-Although the inspector will always find something, you should
notify your Real Estate Agent if there are issues that you consider to be
important.
3. Be
Present at Inspection- While a written report may be thorough, your
inspector might be able to provide some insight and a few pointers
regarding the house. The inspector can also provide an opinion regarding
some preventative or remedial measures. Further, things are often not as
bad when you see them "live" as opposed to a written report
4. Be
Thorough- You generally take the property "as is", so you don't want
to find out after you've purchased the house that there are problems. Look
behind furniture and under movable rugs.. |
CONTRACT
SIGNING-Contracts are prepared by the Seller’s attorney
and sent to the Buyer's attorney.
A. ORDER OF SIGNING |
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1. Buyer Signs 1st and
Provides a Down Payment Check |
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The Down Payment check can usually be a personal check |
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2. Seller Signs 2nd-Then the
Deal is considered "firm" |
B. NEGOTIATIONS-All negotiations regarding repairs, etc. should
be done before the Buyer sign contracts
TITLE CLEARANCE
A. TITLE SEARCH-Typically a title company performs a search
to make sure that there are no rights of way, liens or other issues
affecting the premises. The search also contains copies of all approvals that
are provided by the town and a copy of a survey if available.
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B. TITLE INSURANCE-This insurance protects the Buyer from any title
defects. These defects could result
from undetectable issues such as improperly performed court actions, improperly
filed or unrecorded papers and fraud. These issues are not just relating the present
Seller but also any prior owner. Further, many defects that come up in a
Title Search cannot be cleared by the Seller but can be cleared by the Seller's title
company. |
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It is
a one-time payment-But the protection continues as long as you own the
property.
It
does not cover building department violations-The title company
provides a copy of the relevant Building Department papers in its search but
does not provide insurance as to whether or not there is a violation on the
property. See Above
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MORTGAGE
CLEARANCE-A contract is usually contingent upon
the Buyer's receipt of a mortgage commitment. It is important that it is in writing and
immediately faxed to the Buyer's attorney.
A. MORTGAGE CONTINGENCY DATE-If the Buyer does not have a written mortgage by that
date (contained in the Contract), it
must let its Attorney know.
Fax Commitment Letter to Attorney when received by you
Commitment Letter is not the same as a ""pre-Approval"
Apply Immediately- The
contracts usually require that you apply immediately once contracts are fully
signed.
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B. RATE LOCK DATE-The Buyer should
talk to its Attorney before locking in the interest rate. |
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Approximate Closing Date in the Contract
Controls Over Rate Lock Date. The Buyer must pay particular attention to the approximate closing date in the
contract. Sellers often cooperate in trying to close by the Buyer's
rate lock date but usually cannot be compelled to.
Ideal Rate
Lock Date-Not earlier than 60 days from the date contracts are
fully signed
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C. MORTGAGE COMMITMENT CONDITIONS-The Buyer should address all
conditions promptly.
Contracts are Usually Contingent Upon Receipt of a
Letter Regardless of Conditions- If your lender
provides a Commitment Letter with conditions that you might not be able to meet
or those that are outside of your control, you may be bound to the contract even
if you cannot meet those conditions and not get a mortgage. Tell your Lender
that you don’t want a letter until it contains reasonable conditions
CLOSING-When Buyer receives
title and the keys to the property and pays the balanced owed to the Seller.
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A. CLOSING DATE-Usually "on or about"
a certain date. Normally a closing cannot be scheduled until all parties are
ready. |
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Approximate Date-Normally the parties cannot go
more than 15-30 days outside of the date stated in the contract although everyone
usually works together to close on a convenient date.
Avoid Firm Plans-The Buyer should avoid making firm
plans until notified of a date by it's Attorney
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B.
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ONCE THE CLOSING DATE IS ARRANGED
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1. Insurance Binder and Paid Receipt
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Should be faxed to the Bank's Attorney at
least 3-5 days prior to closing.
The Bank will wish to be named
as an additional insured. The exact name of the Bank as to be reflected on the
insurance binder should be in the Buyer's mortgage commitment letter.
It
is best to start the paperwork after the contracts are signed-Then
finalize when you know the closing date.
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2. Certified/Bank Checks-
Once the Buyer's Attorney knows how much the Buyer will receive from the
Bank it will tell the Buyer how much it needs to bring in certified
checks.
Usually the day before closing-Is when the
Buyer's Attorney is told how much the Bank is providing (they will be
subtracting escrows, fees, etc.)
Make sure assets are liquidated and transferred in time-
It may take more time than you think to get funds into your account or for
checks to clear. Also, if you have to liquidate assets (i.e. stocks) it
can take a few days and you may still need additional time for the check
to clear.
3. Walk Through Inspection- Usually within 48 hours of
the closing |
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The Day Before is ideal
(allows the Seller
more time to
cure and the Buyer to investigate any problems). |
C. CLOSING COSTS-
Typically your mortgage lender will provide an estimate of your closing
costs. However, lenders do not always reflect those costs which they are
not directly involved in. To be safe, observe the following:
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Reimbursing Seller for Present Taxes & Lender’s Escrow for Next Year’s
Taxes- Your lender may estimate 6 months for
their tax escrows (covering next year’s taxes), but may not reflect the
adjustment to the Seller for the taxes that have already been paid.
Because the individual amount of lender escrow and Seller reimbursement
may vary, the two combined normally total about 1 year’s worth of real
estate taxes as opposed to six months for the lender’s escrows alone.
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Title Insurance-Your lender will provide an
estimate of title insurance protecting the lender. Double the amount of
the provided amount because you will be getting title insurance to protect
your interests as well (the actual cost will be a little lower because of
a dual policy discount). Further, add ~ $200-$300 for other title costs
which may not be reflected by your lender
● Other
Costs-You may be required to reimburse the
Seller for fuel or common charges paid for in advance and procure hazard
insurance as discussed below.
D. CLOSING LOCATION-Typically at the
Bank's Attorney's office and in the county where the property is located |
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The Buyer Must Make Sure that It's Bank Has
a Local Attorney-If the closing is not located in the county where the
property is located, the Buyer could incur travel fees and have
difficulty in closing on its desired date. |
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1. Purchaser Pays the Balance Owed to the
Seller
2. Seller Provides a Deed to the Purchaser-This
is the transfer of ownership
3. Keys are Given to the Buyer |

See also
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