| Offer to Buy
Real Estate
Negotiating the Purchase
Call 614-367-1200 for a FREE pre-approval
You've found it-your "dream" house! You want
to buy it. Now what? You make an offer by submitting a signed real estate offer to
purchase with the type of financing you desire.
This will be the sales contract, once the seller
accepts. When you and the seller sign, you are agreeing to the contract conditions. Before
you sign it, read it carefully and make sure you understand every detail. Ask questions.
Verbal agreements should be written into the contract. If you plan to have a lawyer
represent you or advise you, retain one as early as possible. This is where your Real
Estate representative and an attorney can give you the assistance you need.
Offers and Counter Offers
In Today's market
most selling Realtors will request a "pre-approval" from a lender to verify
that you qualify with a mortgage to purchase the home.
Franklin Bank ssb. will provide you with a FREE pre-qualification.
Your Realtor will take the offer to
a "contract presentation" with the home seller and the listing broker. In some
areas the three of them will discuss the offer, and the seller will accept it as written,
or make "counter offers" on unacceptable aspects, or reject it. The selling
broker will then bring back the offer to buy to the home buyer, who can accept it,
counter-the-counter offer , or reject it. The offer to buy becomes a contract when all
parties have initialed every counter and signed the offer.
When you sign the offer to buy you also will have to
submit a deposit to show that you are earnest about your desire to by-appropriately called
"earnest money".
Making Sure Your Contract is Complete
Sales contracts differ, depending on circumstances, but
there are several provisions you may want to include in a contract for the purchase of
real estate.
1. Deposit. The amount of "earnest
money" should be clearly stated, plus the amount of money you will be paying at
settlement and your sources of financing. A common purchase deposit in many areas is 5% of
the purchase price, deposited on escrow.
2. Contingency on Financing. Be
specific about the total loan amount, the date the second or third mortgage is due, and
the exact financing terms (for instance, a buy-down mortgage rate at 6 1/2% for three
years and 9% thereafter for 27 years.) Many contracts have an "alternative financing
clause" that allows buyers to accept different financing than that which is written
in the contract, as long as it doesn't affect seller's net proceeds.
3. Contingency on Inspection. You may
make the contract contingent on a building inspection report. You will usually have to pay
for this inspection, but the peace of mind or detection of a problem is well worth the
cost of inspecting.
4. Termites. The contract should
require the seller or buyer, in some areas, at his or her expense, to pay for a termite
inspection, removal of the infestation if needed, and repair of any damage as necessary.
You should get a written report at settlement indication that the property is free and
clear of any active termite infestation. In some areas, well and septic certificates are
also required.
5. Personal Property. Light fixtures,
drapery rods, chandeliers, washers, dryers, refrigerators, heating oil in the tank,
firewood, even swimming pool chemicals and other items not physically attached should be
specified in writing if they are not to be conveyed to the buyer. Misunderstandings based
on verbal agreements can delay settlement as well as cause friction.
6. Repair Work. Stand contracts of sale
require sellers to be responsible for plumbing, heating, mechanical, and electrical
systems to be in working order at time of settlement. You should conduct a
"pre-settlement walk-through inspection" which should be made several days
before or no later than the day of settlement.
7.Title Attorney or Insurance Company. The
buyer has the right to select a title attorney or insurance company. you should shop and
compare prices before deciding what attorney or title company will conduct your
settlement. Also, be sure to clear the title company with the lender, whose interests are
also involved.
8.
Closing and Occupancy Date. Include
an arrangement with the seller in the event you can't secure possession on the agreed
date. Such as a daily rent-back agreement for "post-settlement occupancy."
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