| Once you find a home you like, the next step is to write an offer. The document you will use is called a Real Estate Purchase Contract and Receipt for Deposit. this contract will state the price of your offer and all other terms and conditions of the sale.
You will pay a deposit, sometimes called earnest or good faith money. Your deposit will be placed in an escrow account for safety. This money will be credited towards you down payment.
The deposit receipt is six pages of legal terms and conditions and there will usually be an addendum of one or more pages. I will explain each item and how it affects you.
The contract covers such things as price, terms of the loan, closing date, and any personal property that may be included in the sale price. Pest control, including termites is addressed. Disclosures, such as flood and seismic hazard zones are covered in the contract.
Many of these items will be explained in more detail on the following pages.
How do We determine an offering price? I will have access to recent and pending sales in the area or tract. You can compare the condition, location and price of the recent sales to the subject property. From this information you will be able to determine an offering price. Keep in mind that a seller may be more receptive to your offer if it is justified by comparable sales. If your offer is too low, you will antagonize the seller and further negotiations will be difficult, if not impossible.
How do I take title? There are several methods of taking title and there are tax and inheritance consequences for each one. Talk to your accountant if you are unclear about what is best for you.
Sole Ownership simply means ownership by a single individual.
Joint Tenancy means the joint ownership of a single estate by two persons with the right of survivorship, and all of the joint tenants owning an equal interest and having equal rights in the property. The most important feature of joint tenancy it the right of survivorship. A joint tenant cannot will his interest in the property, since immediately upon his expiration the title vests in the surviving joint tenant(s).
A tenancy in common exists when two or more persons have undivided interest in the same property. A tenant in common may sell, mortgage or otherwise convey his interest in the property as he wishes, and the new owner simply becomes a tenant in common with the other co-tenants. Upon expiration of a tenant in common the interest of the decedent passes to heirs.
Community Property basically consists of all property acquired by a husband and wife, or either, during a valid marriage, other than specific exceptions regarded as separate property.
Liquidated Damages is an important part of the contract. If the buyer fails to complete the purchase by reason of any default, the seller shall retain the buyers deposit as liquidated damages. There are several legitimate reasons for a buyer's failure to complete a purchase, such as, not qualifying or a buyer who fails to complete a purchase for no reason other than a change of heart. In any case, the deposit will not automatically be released to the seller. Release of funds requires written agreement of the parties, judicial decision or arbitration.
You will be asked if you wish to arbitrate disputed in the event one arises. When both the buyer and the seller initial Arbitration of Disputes, any dispute or claim arising out of the contract will be decided by neutral and binding arbitration. When you agree to arbitrate disputes, you give up your right to have the dispute litigated in a court or jury trial. One reason to initial Arbitration would be to bypass the time and expense of the court system. Consider this matter carefully.
Many of the items in the deposit receipt have time limit in which certain things must be done or approval must be given. In many cases failure to respond in writing will deem approval.
Once your offer is written, I will present it to the sellers and/or their agent. The sellers may wish to negotiate some of the items on your offer. If so, they may write a counter offer. You may, at that time, accept the counter or continue negotiating. |