Have You Tried an Appraisal Offer in Visual C#

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Have You Tried an Appraisal Offer
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A daring approach is to make an offer with the price contingent upon an appraisal In other words, you ll agree to accept whatever the appraiser says the property is worth if the seller will likewise accept it (Usually there are outs included, which provide that if the price is above a certain point, you won t accept or if it s below a certain point, the seller doesn t have to go through with it) An offer contingent on appraisal (described above) is sometimes done with investment properties, but rarely with houses Nevertheless, if you have a seller who s convinced that the sales price is right and won t budge, it s another alternative Just be sure that you agree in advance on who the appraiser is and who is to pay the appraisal fee
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What You Should Worry About in the Purchase Agreement
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The whole process of buying a home is de ned by the purchase agreement (also sometimes called the sales offer or deposit receipt ) It s the governing document of the transaction Once your offer is accepted, it becomes what ultimately determines how the rest of the sale is handled, what you get, for how much money, and on what terms
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How We Got to Today s Purchase Agreements
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In the old days in real estate, the sales agreement was usually just one page long It had very little printed material and was composed mostly of empty spaces that the agent lled out That has changed dramatically Over the years dissatis ed buyers and sellers (a small minority, but with important implications) have gone to court, ghting over various issues such as contingencies, deposits, and damages What they discovered was that the sales agreement, drawn up not by an attorney but by a real estate agent, might not hold up In fact, in some cases the agreement was downright defective This resulted in additional suits, sometimes against agents, almost all of whom now carry a form of malpractice or errors and omissions insurance 103
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Ten
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It also resulted in a new kind of sales agreement The new agreement is usually created by attorneys and is frequently many pages long Almost all of it is printed out the agent typically only checks boxes or lls in dollar amounts In fact, there are very few places where the agent (or you) even have the opportunity to write anything new The whole emphasis is on seeing to it that relatively little can be added or changed for fear that it may void or weaken the agreement
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TIP HAVE YOUR ATTORNEY CHECK IT OUT
Because the sales agreement is intended to be a legally binding document, you should have your real estate attorney check it over and explain the full rami cations of it to you before you sign it In addition to legal considerations, which you should pursue with your attorney, there are important practical issues in the purchase agreement that involve the kind of a deal you re going to get These typically include the following areas: (If yours does not cover these areas, you should ask your agent or attorney why it does not )
Practical Areas Your Purchase Agreement Should Cover
I I I I I I I
Price, down payment, and deposit Speci c terms for all nancing Street improvements or bonds (if any, who pays for them) When you will be given occupancy How long does the seller have to accept the offer The term of the escrow (how long it will be open) How you will take title (tenants in common, joint tenancy, community property, and so on; see your lawyer, since there are important tax and legal rami cations for how you take title) Liquidated damages and arbitration in case of disputes Any personal property involved
What You Should Worry About in the Purchase Agreement
I I I I
Foreign tax withholding (applies if the seller is a foreigner) When and how the sellers will give you a disclosure statement about the property Seller s warranties When and how you ll be able to conduct a professional inspection When and how a termite report will be issued If soil or geological tests (found in areas with earthquakes or other soil problems) will be conducted) If there are concerns about ood or water hazards (noting if the property is in any ood hazard area) Other disclosures, such as zoning problems (indicating if the property is in a special zone, such as a coastal zone, which could affect your ability to build or add on) If you get a Home Protection Plan (which pays for damage or problems with the heating, plumbing, electrical, and other systems, and who pays for it) Energy retro t disclosure procedures (local or state ordinances, for example, sometimes require additional insulation to be placed in the house when the property is sold) How pro-rations will be handled Other contingencies involved in the sale
Many of the areas covered by the sales agreement, such as price, are obvious Others are discussed in different sections of this book Below, however, we re going to look at some selected areas of a typical sales agreement that usually are of particular interest to buyers
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