Buying or Selling a Home?

 

The more you know about buying and selling a home, the more relaxed you can feel about the whole process.

Tips from The Fund:

  1. When it comes to some of the most common pitfalls for home buyers, not setting a budget, picking the wrong mortgage and not getting a real estate attorney involved early on rank at the top of the list.
  2. Selling your home without a real estate agent? Then you'll want a good real estate attorney on your team to help with things like mandatory property transfer disclosures--and offer advice about what you should avoid saying about your home.
  3. An open listing is a non-exclusive authorization for brokers to find a buyer for your property. This means you can give multiple brokers an open listing on your house. Find out if this type of listing is right for you.
  4. A two-hour preventive consultation with an attorney could save you from a two-month trial down the road. Before you buy or sell a home, talk to a real estate attorney member of The Fund.
  5. Sellers are advised to get their estimated closing statement updated a week before scheduled close of escrow. And be sure your second estimated closing statement reflects your credits and debits.
  6. Everything from a home's purchase price to the date escrow closes is negotiable. And with today's soaring prices, buying a home calls for high-stakes negotiating.
  7. If you offer seller financing, you broaden the pool of potential buyers for your house. But you might be forced to take legal action if the buyer defaults on the loan. Find out if seller financing is right for you.
  8. Did you know that brokerage customs where your property is located can dictate whether you or the buyer pay for the escrow--or whether you split the fee 50/50? This item is negotiable.
  9. If you're selling your home without an agent, you'll need an attorney to help open an escrow, get a preliminary title report, order property inspections, handle contingency removals, order a payoff demand for your mortgage and take care of other cumbersome details.
  10. Two of every five houses have at least one major defect. Latent defects sellers and their agents don't know about can get you into budget-busting trouble after you've purchased the home. A real estate attorney member of The Fund can help negotiate a corrective work credit or price reduction.
  11. In arbitration, buyers and sellers present their differences to a neutral arbitrator who makes a decision that resolves the disagreement. That decision is final and may be enforced just like a court judgment.
  12. Tenancy-in-common is an excellent way for unmarried co-owners to take title to a home. It doesn't however, provide for the right of survivorship that automatically passes the deceased partner's ownership to the survivor without probate.
  13. Through the legal process foreclosure, mortgage lenders can take possession of and sell your property to satisfy indebtedness. If you default on your loan and your lender finds you incapable of making payments, you may lose your home.
  14. In real estate, a lien is a legal claim or encumbrance on a property that's used as security for repayment of outstanding debts such as a mortgage or unpaid taxes. Liens must be paid off before a property can be sold or a title transferred to a subsequent buyer.
  15. Want your property to generate multiple offers? Then make buyers wait to submit offers. And find out if your area has a commonly accepted protocol for handling multiple offers.
  16. Only a completely clear real estate title guarantees complete home ownership. To make a legal claim to a new home, and guard against title defects, protect yourself with title insurance. Find out how title coverage can safeguard you against something that might have already happened.
  17. If you're buying a home, remember that holding the property in both spouses' names can be a good idea--or a bad idea. Find out why by talking to a real estate member attorney of The Fund.
  18. Before you sign a contract to buy a home, make sure the title to the property is free of defects like liens for unpaid taxes. 

  19. Even if a buyer doesn't ask about your leaky roof, you still have to disclose it. Find out more about seller disclosure from a real estate member of The Fund.

  20. In the world of real estate, the word "homestead" means more than just a tax credit. Homestead also protects your property from forced sale. Get all the details when you contact a real estate attorney member of The Fund.
  21. If you're in the market to buy a home, there are pros and cons to fixed-rate mortgages--fixed-rate, adjustable and low-down payment loans. Learn about all your options first, so you can pick the mortgage that's right for you.
  22. When you buy a home, keep in mind that subdivision restrictions can limit what you can do with your property--like what color you can paint your house. 
  23. Believe it or not, selling your condominium may depend upon your condo association's prior approval of the buyer. A real estate attorney member of The Fund can tell you more.
  24. Thinking of building a new home? Even a vacant lot in a new subdivision can have title problems. Be sure before you buy.
  25. Did you know utility company's easements can keep you from building a pool in your back yard? Get the facts about these and other "easements" by talking with a real estate attorney member of The Fund.
  26. When you're shopping for a mortgage, the loan with no points isn't necessarily the best value. Learn about points and other home buying matters by contacting a real estate attorney member of The Fund.
  27. Did you know it's better to be pre-approved for a mortgage than to be pre-qualified?
  28. Despite what people may tell you about real estate contracts, there's no such thing as a "standard and customary."
  29. Real estate contracts are meant to be negotiated. But once you sign, the contract is legally binding.
  30. In Florida, when you sell your home you have to disclose the "material defects." Like a leaky roof. 
  31. Closing a house can go more smoothly when you know what to expect--like expense adjustments, transfer of title and more.

Before you sign a contract to purchase or sell a home, contact a real estate attorney member of the Fund.  For more information call 1-866-FUND-HOME or click below.

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