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From the monthly archives:

January 2009

Contract to Closing – Part 2

by Karen Goodman on January 28, 2009

in Buyers

Buying a home is serious business.

A home is the single largest investment that most people make in their lifetime. Your home is not only the place that you will live, but is also a huge financial investment.

Clearly the first step in selecting a home is to focus on cosmetic improvements, overall condition, location, price and special features.

So you found a home and wrote a contract. What comes next?

For a hassle-free purchase, hire a buyer’s agent:

Overwhelmed with paperwork

My last post outlined the steps that every buyer needs to do between contract acceptance and closing. The items below are additional tasks that need to be performed in order to ensure that you are making a sound financial investment and that the purchase closes smoothly.

I take care of all of these items for my clients. If you are hiring a buyer’s agent, make sure that these items are on their checklist.

If you decide to go it alone, buying from a FSBO or allowing the listing agent that is representing the seller to assist you, make sure that none of these details fall through the crack.

1. Appraisal

If you are taking out a mortgage to finance the purchase, your lender will order an appraisal. The purpose of the appraisal is not to tell you that you got the house for a bargain, or that you paid $2000 too much. The appraiser is hired by the lender to make sure that IF you stop paying your mortgage and the bank has to foreclosure, that the house will be able to be resold for at least the sale price.

Appraisers do have guidelines that they have to follow to determine which homes they can use as comparisons, but it is a subjective process. Appraisers pick 3 nearby comparable homes. Then they add and subtract dollar amounts to adjust for differences between the homes. Finally, appraisers use their own judgment to assign an appraised value to the subject property. Get 3 different appraisers, and you’ll get 3 different values. However, the values are likely to be very similar unless the home being purchased is unique with no true comparable properties.

My experience is that appraisers take into account that a buyer and seller agreed on a price (yes…appraisers have a copy of the contract before they assign a price). Unless the sale price seems extremely inflated, meaning it would be unlikely that another buyer would agree to that price, the appraised value almost always comes in at or just slightly above contract price.

A few years ago, it was rare for a property under contract to appraise for less than the agreed upon sale price. Times have changed in the last few years and it is more common to see homes that appraise for less than the sale price. Every buyer should have their agent run their own comps before making an offer, but an independent appraisal means that an unbiased party agrees that the price is reasonable.

My job as an agent includes making sure that the lender has ordered the appraisal (or I will order one if it is a cash deal) and making sure that we have an appraisal value that is equal to or higher than the contract price prior to the deadline.

2. Loan commitment

If you are purchasing a home that is contingent upon financing, you have a safety net that allows you to get out of the contract and get your earnest money back if you get denied financing. However, the financing contingency only protects you if you notify the seller that you were denied financing by the deadline set in the contract.

Once you pass the financing contingency deadline, you are legally obligated to close on the contract even if you are later denied for a loan. If you can’t close you will be breaching the contract. The consequences can range from forfeiting your earnest money to getting sued.

My job as an agent includes making sure that the lender has issued a full loan commitment prior to the financing contingency deadline AND that the loan commitment is not predicated upon items that could result in a future denial. I will keep in touch with the lender to make sure that the deadline is met and will review the loan documents to confirm that it is a clean loan commitment.

3. Title insurance

Before you purchase a home, you’ll want to know that the seller can transfer free & clear title to you. Free & clear title means that there are no other owners of the property not involved in the sale, and that there are no judgments, liens or outstanding debts related to the house that would become your responsibility as the new owner.

In St. Louis, title searches are performed by ‘title companies’ (some regions use lawyers to perform this task). Once the title search is completed, the title company will issue a title insurance policy to the new owner. This policy protects the new owner if an issue was overlooked. For example, if someone knocks on your door a year after closing and says that he was part owner of the home and didn’t agree to sell, you would call the title company. You would also be protected if a contractor claimed that they performed work on the house but had not been paid.

If an issue does come up after closing that is covered by the title insurance, then the title company would bear the cost of legal fees to resolve the issue.

My job as an agent includes forwarding all of the documents that are needed by the title company so that they can provide a clear title binder by the deadline identified in the contract. I will stay in touch with the title company and make sure that my clients understand any potential issues.

4. Property survey

The title insurance policy usually includes property survey coverage. In order to make sure that there are not any survey defects, the title company will order a survey.

In order to get the most complete coverage for survey defects, a buyer should request a boundary survey. While a spot survey does give the buyer a drawing of the lot, home and improvements (an improvement is anything added to the land such as decks and driveways), the spot survey does not confirm the boundary lines. This means that the survey will show you a drawing, but it is not checking to see if the improvements near the edge of the property are completely on the correct side of the property line.

Common survey defects include driveways, retaining walls and fencing that actually cross over the boundary and encroach on a neighbor’s property.

If there is a survey defect, the item crossing over the property line can be removed or an easement can be granted to allow a neighbor to use that small piece of land. Usually establishing an easement is the best solution if the encroachment is less than a foot. The easement protects the homeowners from having to remove the item in the future in the case that either one of the property owners would sell and the new owner objects to the encroachment.

My job as an agent includes helping my clients understand the differences between a boundary and a spot survey so that they can make an informed decision on if they want to spend the extra money for the boundary survey. I then follow up with the title company to make sure that the survey is completed by the survey contingency deadline and review the survey to confirm that there are no defects. If there are defects, I assist my client in deciding how they want to proceed to resolve the issue.

5. Municipal & fire district inspections

The St. Louis area consists of many incorporated municipalities and additional unincorporated land. St. Louis County alone has 91 municipalities. Many of these cities require municipal occupancy inspections at the time of a property sale. St. Louis County has recently changed their policy so that all homes in unincorporated parts of the county now must pass a county municipal home sale inspection. St. Louis City also has conservation districts that require inspections for some parts of the city.

In addition, parts of St. Louis County also require fire district inspections at the time of a home sale.

My job as an agent includes identifying which inspections are required for a particular property and making sure that the seller has provided the buyer with passed inspections prior to closing.

6. Laclede Gas inspection

In the St. Louis region, the seller is responsible getting a Laclede Gas inspection and making repairs if anything fails the inspection. If the property is located outside of the service area for Laclede Gas, then a gas inspection needs to be arranged with a licensed contractor or the local gas utility provider.

My job as an agent includes getting the Laclede Gas inspection from the seller along with repair receipts for any items that failed the inspection.

7. Any contract agreements

Every contract is different.

In the past, some of my buyer’s contracts have included items such as:

  • Cleaning the carpets prior to closing
  • Replacing broken windows
  • Removing wallpaper and repainting rooms
  • Removing a baby gate and patching the holes in the wall
  • Removing or encapsulating asbestos
  • Installing a radon mitigation system
  • Replacing a roof

My job as an agent includes making sure that the seller does everything required by the contract.

8. Repair receipts

The best way to confirm that all of the agreed upon repairs were completed is to get contractor receipts for  the work. The receipts also provide the buyer with contact information of the contractor so that they have someone to contact if there are problems related to the work that is noticed after closing.

My job as an agent includes obtaining receipts for all of the repairs that the seller agreed to make prior to our final walk-through and closing.

9. Home Protection Plan

Most of my buyers either have the seller pay for a home protection plan or they order a plan themselves prior to closing. Home protection plans are a good idea since they cover most mechanical repairs for a low deductible ($50-100 per service call).

In addition, air conditioning systems can not be tested during the winter months so there is no way to know for sure if there will be problems with the system if the house is purchased in colder months. Other problems simply don’t show up during the building inspection.

A home protection plan does not mean that a buyer won’t have to pay for any repairs, but it does provide substantial protection against costly surprises in the first year of ownership.

My job as an agent includes ordering a home protection plan for you if you decided you want one or the contract states that the seller will pay for one.

(NOTE: Full disclosure – Home protection plans do offer a referral fee to agents for ordering plans for their clients. I receive $25 when I order a plan for a client. For $25, it wouldn’t be worth having my clients question my judgment. If my clients didn’t feel the plans were of value, I wouldn’t encourage them to get one.)

10. Settlement statement

A day or two before closing, buyers will receive a copy of their HUD settlement statement. This statement itemizes all of the fees associated with the purchase and confirms the sale price. With the HUD statement in hand, the buyer will know exactly how much is needed for closing and can go get a cashier’s check or arrange for a wire transfer.

My job as an agent includes reviewing the HUD statement to make sure that there were no errors and then forwarding it to my clients.

12. Final walk-through

The final walk-through allows buyers to visit the property again shortly before closing to confirm that the property is in the same condition that it was at the time of the contract and that all contract agreements, includuing repairs, have been completed.

The walk-through is done within 4 days of closing in the St. Louis area. Most of the time, I meet my clients at the home the day before closing so that we can see it after the seller has moved out. If there are any problems (furniture left behind, repairs not completed, new damage to the house), I will contact the agent to resolve the problems before closing.

My job as as an agent includes meeting you at the home for the final walk-through and dealing with the other agent if there are any last minute issues.

13. Closing

Closing day is always an exciting day. Once the paperwork has been signed and the money for the purchase (down payment and the mortgage) have been turned over to the title company, the buyer gets the keys to the house.

Not all buyer’s agents join their clients at the closing table. Occasionally there are last minute problems that need to be resolved. I also want to make sure that my clients understand everything that they are signing, and often clarify what they are being told by the title company closer if I think something needs further explanation.

My job as an agent includes joining you for the closing to make sure everything goes smoothly.

Most home purchases close without problems when all of these details are taken seriously. If you are in the St. Louis area and would like to use a buyer’s agent that will protect your interests, I’d welcome a chance to talk to you.

Outside of the St. Louis area? I’m happy to help you find a great buyer’s agent in your area. There is no charge for my services in screening agents for you.

I do believe in full disclosure, so I want you to know that I will be provided a small referral fee by the agent if you end up buying a house from an agent that I refer you to. Since I only get paid if you actually like the referred agent and close on a purchase, it’s in my best interest to watch out for YOUR best interests and connect you with a great agent.

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Contract Accepted…What Comes Next?

by Karen Goodman on January 27, 2009

in Buyers

Couple Sitting on Couch with Moving Boxes

The fun part of buying a home is picking out the property.

But before you can move your couch into the living room and pick out new paint colors, there are some steps that you need to take to prepare for closing day.

Buyer Tasks: Accepted Contract until Closing

When I work with buyers, I take care of as many of the details as possible for them. In a follow up post, I’ll tell you about the details that I take care of for my clients since some of you will be buying on your own or working with other agents.

But, there are still some things that every buyer  needs to do after a contract is accepted. I walk my clients through each step, so they never need to worry that they are forgetting something.

1. Select a lender and apply for the loan

Prior to writing a contract, you should have talked with at least one lender and obtained a pre-approval letter. However, you don’t have to commit to a particular lender until are under contract. Once you have an accepted contract, you have a very limited amount of time to apply for your loan if your contract is contingent on financing. In the St. Louis area, financing contingencies are typically 2-3 weeks in length. Choose your lender quickly and then get your lender everything that is required to approve your loan.

If you aren’t sure who to use, I can give you some lender referrals that will not only give you competitive rates and fees, but will also meet important deadlines and will show up on closing day with funds to close.  Once my clients select a lender, I take care of getting the contract and additional paperwork faxed to the lender so that the buyer doesn’t need to worry about the paperwork.

2. Select your homeowner’s insurance

You should call a few different insurance agents before you decide on a company. Make sure you are comparing apples with apples…meaning get a quote on the same coverage from each insurance company. Once you decide who you want to use, you can always modify the coverage based on the insurance agent’s recommendations.

Home buyers need to pay for 1 year of prepaid homeowner’s insurance on closing day. In addition, approximately 2 months of insurance will be paid at closing which will be deposited in an escrow account. Each month, 1/12 of the annual insurance bill will be added to the escrow account so that there is enough money in the account when the bill is due the next year. All future insurance bills get paid directly by the lender, so you won’t need to worry about coming up with cash for a big bill each year.

I have my clients tell their insurance agent to fax a copy of the insurance invoice to me. They’ll automatically send a copy to your lender, but I’ve found that lenders sometimes forget to forward it to the title company. The result is that the pre-paid year of insurance isn’t always included in the total amount buyers are told to bring to closing. I’ve solved this problem by getting a copy of the invoice and sending it to the title company so it gets included on the HUD closing statement.

3. Attend the inspection and decide what items you want the seller to repair

Your building inspections should be scheduled for as soon as possible after you have an accepted contract. The standard time period to complete all inspections and notify the seller of how you want to proceed is 10 days in the St. Louis region, so you’ll want your inspections scheduled no later than 7 days after your contract is accepted so that you have a few days to decide how to proceed.

Once the inspections are completed, you will need to decide if you want to proceed or if you want to terminate the contract. Most buyers move forward, opting to close if they can reach an agreement with the sellers regarding repairs.

4. Make a decision about a Home Protection Plan

If the sellers are not paying for a home protection plan, then you need to decide if you want to purchase one yourself. There are a number of plans available that can be purchased by homeowners. Most run between $379-450 for 12-13 months of coverage.

Home protection plans cover your home the same way a warranty covers your car. The car insurance covers accidents, hail storms and theft (as does your homeowner’s insurance). However, your car warranty covers mechanical breakdowns. You still have to pay for maintenance items such as oil changes.

Like car warranties, home protection plans cover mechanical breakdowns for your home (plumbing leaks, electrical problems, broken appliances, etc). However, you still need to get regular maintenence such as annual air conditioner servicing.

Even though home protection plans do have some exclusions to their coverage, they are a wise choice that protect buyers from unexpected surprises in the first year.

5. Arrange your utilities

Technically, the seller is responsible for the utilities through the day of closing and the buyer doesn’t start paying until the day after closing. However, if you schedule utilities to go into your name on the day after closing, you might be charged some reconnection fees. It’s worth one extra day to make sure all goes smoothly.

You should make sure that electric, gas, water and trash are scheduled for closing day. The title company will arrange the sewer service, and everything else can start whenever you please.

6. Attend a final walk-through a day or two prior to closing

The final walk-through allows you to check to confirm that the property is in the same condition as it was when you wrote the contract. It also gives you a chance to make sure that the seller has completed any negotiated repairs. This will take about 20-30 minutes and is normally done the evening before closing.

7. Obtain a cashiers check for the amount needed to close

You will find out the amount you need for closing a day or two before closing.  This amount will include your down payment plus all of your closing costs plus will take into account any credits that the seller is paying for you and the earnest money you already put down. You will need to obtain a cashier’s check made payable to the title company. If you prefer to have the money sent by wire transfer, you should get the wiring instructions the week before closing and check with your bank about the process for sending a wire.

Regardless of whether you are getting a cashier’s check or doing a wire transfer, make sure you consolidate all of the funds you will need for closing into one account at least 10 days before closing since banks usually place a hold on transferred funds.

8. Attend the closing

Buyer closings take about one hour and are normally done in the morning. In the St. Louis region, closings take place at title companies, and buyers and sellers typically close with separate title companies. Even when buyers and sellers are closing with the same company, they’ll have separate appointments. In the end, most St. Louis home purchases close without the buyer and seller ever meeting each other.

Head over to your house!keys.jpg

Once the buyers and sellers have both signed the closing paperwork and all of the funds (including your loans) have arrived at the title company, then you’ll get your keys to your new home.

One last piece of advice…make sure you schedule a locksmith to change the locks on your new home. You never know how many copies of keys are floating around, and you’ll want your family and your belongings safe in your new home.

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St. Louis Restaurants Go Smoke-Free

January 26, 2009

If the mayors of Clayton, Creve Coeur, Olivette, Overland and University City get their way, St. Louis County would ban smoking in public places.
The five adjacent cities in St. Louis County are giving it a go again even though a similar proposal failed 3 years ago.
The St. Louis Post Dispatch reported today that:
The council rejected [...]

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PMI Report – St. Louis Market Update

January 26, 2009

Last July, I posted results from the PMI Summer 2008 housing market report. Back then, St. Louis was listed as having only a 1% chance that housing prices will be lower in 2 years.
The PMI Report update is out for the 3rd quarter 2008.
PMI recognized that their model has been underestimating declining markets in the [...]

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Mortgage Interest Rates Update for 1/22/09

January 22, 2009

by Kerby Claney
Vice President – Stifel Bank & Trust
314-317-6873
email
Interest rates have been at historically low rates for the last few months. In contrast to what is sometimes reported in the news, people with good or excellent credit and some equity in their homes have no problems refinancing their mortgage.
Buyers wanting to purchase a home [...]

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Bad MLS Photo Series Inspiration

January 19, 2009

When I started blogging in November 2007, I realized how important it was to read other blogs to learn how to do it right.
I learned about RSS and signed up for bloglines, and started adding blogs to my reader.
Athol Kay’s blog and his Bad MLS Photo of the Day series quickly became my favorite blog. [...]

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