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The natural focal point of a real estate purchase
contract is the selling price of the home, but the price isn't the only factor
that determines the net bottom line for both the buyer and the seller. Is a
bargain for the buyer really a bargain if he or she is paying all the
transaction costs? Is a top price for the seller really a top price if the buyer
wants all the furniture to be included in the purchase price? Or if the buyer
they can't come up with the down payment or qualify for a mortgage?
Before you decide to go ahead with a great price,
here are five other bottom-line points to consider:
1. What are the estimated transaction costs and
who will pay for what? Typical costs include the brokers' commission, a home
inspection, a termite inspection, escrow or attorney's fees, a title search, an
owner's title insurance policy, transfer taxes and recording fees. The price
tags on these items vary greatly around the country. Who pays for what is a
matter of both local custom and negotiation.
2. How much money is the buyer putting into
escrow and how soon? A big deposit -- called "earnest money" -- and a
substantial down payment are generally seen as a sign that the buyer is serious
about completing the transaction. From the seller's point of view, the more
money the buyer places in escrow and the sooner the money is transferred, the
better.
3. Is there a mortgage financing contingency and
how specific is it? The mortgage escape clause is a must for buyers, unless
they're paying all cash for the home. Without this contingency, buyers can be
legally obligated to purchase the home even if they can't obtain financing.
Further, an open-ended statement that says the buyer will obtain a loan "at the
prevailing rate of interest" leaves the buyer completely exposed to interest
rate fluctuations. A statement that says the loan must be at an interest rate
"not to exceed xx percent" and on specified terms is preferable.
4. What furniture, fixtures and appliances, if
any, are being sold with the property? Technically, anything that's
permanently affixed to or installed in the home is real property. Everything
else is the seller's personal property. This distinction is a narrow one and it
naturally leads to a fair amount of confusion. Are built-in appliances real
property or personal property? What about a shelving system? A chandelier?
Window coverings? Potted plants in the backyard? Sellers who intend to remove
anything that's attached to the home should have that spelled out in the
contract. And the same goes for buyers who expect to acquire any of the
furniture or other movables.
5. What will happen if either side breaches the
contract? Unless an unmet contingency triggers the abandonment of the
contract, it's a binding legal document. Buyers who fail to perform can lose
their deposit money. Sellers who try to back out can be sued for "specific
performance," which forces the sale of the home to the buyer. Many contracts
also specify that disputes must be brought in small-claims court or presented
for arbitration or mediation.
Tip: Ask your real estate agent to go over
the standard contract with you before you receive or make a purchase offer. That
way, you'll know what to expect and be prepared to negotiate the best deal you
can get.
[ ..More About San Diego Property Negotiation ]
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