What's Inside: Contract to Purchase

You've found the right home! Time to get with your agent and write up an offer. While differences in language will be found depending on your location, the basic parts of a real estate purchase contract are pretty similar across the board. Here's a run-down of the most important points to discuss.*

  1. Purchase price: Seems like a no-brainer, right? Make sure that your offer is not so low that it offends the seller, but not so high that you have no room to negotiate. Talk to your agent about the current market conditions (More buyers than sellers? You may need to be aggressive.) and this particular property to arrive at a number that works for you.
  2. Earnest money: While not required by law, in Ohio and many other areas it is customary for a buyer to offer earnest money as a show of good faith. This money is deposited in a special trust account by one of the brokers involved once the contract is final, and is held there until closing. Talk to your agent about what makes sense for the property you are interested in.
  3. Financing: Making an offer contingent upon your ability to secure financing for the property is widely accepted. That means that if you can't find a bank to give you a mortgage, you won't be obligated to complete the sale. This is why it's a great idea to get pre-approved by at least one lender before making an offer.
  4. Seller contribution: If you know that you're going to have high closing costs, or if you only have enough for the down payment without the other fees associated with buying a home, you may want to ask the seller to pay for a portion of your closing costs. Again, talk to your agent about this -- if it's a seller's market, it may be in your best interest to forget about this request.
  5. Inspections: Unless you're an experienced home inspector, you should get a home inspection for any home you make an offer on. The contract will allow you to specify how long you have to schedule inspections, and how long you'll have to negotiate any repairs or credits with the seller. Your agent should know how busy local inspectors are to make sure you have enough time to get this done and carefully consider your options.
  6. Inclusions & exclusions: Know what you're buying! Just because you saw appliances and window treatments at your showing doesn't mean that the seller plans to leave them for you. Make sure your agent has stated in the contract exactly which items you would like to be included in the sale.
  7. Closing: The date of closing, when the property officially transfers ownership, is going to depend on clear title and loan approval. Your loan officer and your agent should be able to advise you whether the closing date should be 30 days away or longer; if you need additional time to sell a home or for school to let out, make sure you specify that in the contract.
  8. Occupancy: It used to be customary in Ohio to allow the seller 30 days after closing to move their belongings out of the home, but today we're seeing more and more buyers requesting occupancy at closing due to liability concerns. Talk to your agent about what's customary in your area to determine what works best for you.

This definitely doesn't cover everything in the contract, but hopefully provides a nice summary of the big things to consider when making an offer. As with any legal document, you have the right to go over it with an attorney to ensure your rights are protected.

* I'm not an attorney, and this article is not legal advice. It merely describes what one might read in a real estate purchase contract.

Privacy forever!

Did you know that your real estate agent has a legal obligation to keep all details that are not public record regarding your sale or purchase private? Forever?

Public information varies depending on where you live, but in the Greater Cincinnati area the public has access to the following details about residential transactions:

  • When you purchased or sold a property and to whom
  • What the property taxes are on the property and whether they are current
  • Your tax mailing address

In addition, real estate agents, lenders, appraisers, and other real estate professionals have access to some additional data. This is to assist us in making fair evaluations of properties and their values by providing us a more complete picture of how real estate transactions usually happen:

  • The type of financing used to purchase a property (e.g. conventional, FHA, cash)
  • The amount of time the property was on the market
  • Any additional incentives offered as a part of the sale (e.g. seller-paid closing costs)
  • Whether the property has any history of foreclosure action, even if it was resolved

Have I left anything out? If you have questions or comments about privacy in real estate, let me know in the comments!

How To Be A Well-Prepared Home Buyer

You want to buy a home, which is awesome. Home ownership is consistently ranked as a key indicator of personal wealth, and paying your own mortgage sure does sound better than paying your landlord's. But just as you should eat before going grocery shopping to avoid splurging on Oreos & Cheez-Its, there are some good ways to prepare yourself before you start touring the open house circuit.

  1. Figure out what your credit situation is. You can get a free credit report once a year courtesy of the US government, or pay a few dollars to get the latest one if you already did that more than 30 days ago. Also, if you aren't already, try tracking your expenses with Mint or something similar so you know where your money is going. If your credit score could be improved by paying off some debt, do it!
  2. Start adding to your savings account. Even if you only have $50 a month to spare, start setting up a nice sized savings account. This will make you more attractive to lenders, and you're going to need money for the down payment, inspections, closing costs, moving expenses, and home improvement items (because everyone changes something when they move in!).
  3. Talk to at least three lenders and get pre-approved. Each lender should pull your credit, so make sure you do this within a 30-45 day period so it looks normal on your credit report. Remember, they want your money as much as you want a new house, so ask about incentives, down payment assistance, monthly payments, and closing costs.
  4. Look at houses -- online, not in person. Now that you have an idea of how much you can afford to spend, think about where you'd want to live and what you absolutely must have in a home. Search for homes in your price range and area that meet your minimum criteria. If you have a good number of matches, that's a good sign. I recommend using Realtor.com because it has the most up to date information, but Zillow and Trulia work also. Save your favorites.
  5. Find a Realtor you like and trust. Why use a buyer's agent? It doesn't cost you anything (they will get paid at closing out of the commission the seller pays to the listing broker), and you'll have greater access to properties on the market -- the listing agent might not have time to show the home to you, and they represent the seller. If you can provide your Realtor with your pre-approval letter and a list of homes you like in that price range, that agent will instantly have a better idea of what you're looking for.
  6. Look at houses in person! Finally! I know, seems like you waited forever for this. But you're making a big decision and you want to be prepared, right? That way, when you find the right house at the right price you and your trusted real estate advisor will be ready to write an offer immediately!

For more advice, check out this article from Girl's Guide to Real Estate or this one from The Simple Dollar.

Normal Housing Market Action, or a Bubble?

You may have read an article or two in the news recently that housing sales and prices have jumped nationwide, in some places by more than 10%. This is good news! And not just for Realtors. What's happening is something straight out of Economics 101: supply is low but demand is high, so prices are rising. For the Cincinnati area, we're seeing a lot of buyer activity but less than 4.5 months of inventory -- meaning that if no more homes came on the market, we would (in theory) sell out of homes by August. That's not going to happen, obviously, but it is a good indicator of what you can expect if you're buying or selling a home this year. 

A word of caution to sellers, though: while this is a sellers' market, your property will most likely be purchased by someone who needs a mortgage, so the price has to be at least within range of the appraisal value. Some sellers have been disappointed by appraisals that don't appear to be keeping up with the increased prices they keep hearing about...and that's because you're hearing the national figures, not the local ones. Prices in Cincinnati are rising at a much more conservative rate, but homes are selling very quickly. So it's up to you: list your home now and sell it quickly, or wait and see if prices continue to rise.

For more on why this is not a housing bubble, check out this article from Realtor.com.