Buyer Agents vs Seller Agents: Should they be two different people?

You want to either sell or buy a new home, but you are unsure of what realtor to go with in the process. Understanding the role of a realtor and how they relate to you if you’re a seller or buyer is extremely important. For the first time home buyer or seller you need to be aware of a few facts, and clear out the cobwebs of confusion on the responsibilities and duties of a realtor.

Depending on what state you live in realtors may be committed to act only as the seller or buyer agent. Many times however a realtor may take on a dual role of representing both the seller and buyer, or known as a dual agent. In other words they have a duty to sell the home for the best possible price for the seller, and at the same time are committed to get the best asking price for a buyer. This can be a little nerve racking for many people, but the best defense is being in the know about the legal and moral responsibilities associated with a realtor’s dual agency representation, and how you can feel confident about working with them.

The legalities of the fact for realtors are that in most states they are required to share the knowledge of which party they work for. Most of the time realtors work for the individuals that are selling a home. If you are unclear make sure to ask, so to ease any nervous jitters on your part. Always assume that any realtor is working for a firm that represents both a seller and a buyer, and if you are a buyer, make sure to hold close any information that may affect any deals that are offered for your purchase of a house. Buyer’s agents have a loyalty to the buyer only. This is verified by a signing of a contractual agreement between both the agent and the buyer. The buyer should be aware that agents are held to a legal and moral obligation to not disclose any personal facts not only to the home seller, but to the realtor’s agent. Material disclosure is permissible though about the property, such as any known pest infestations, or problems with the structure itself. A dual agency for a realtor is usually assumed for them if they represent a buyer; make sure to check into the realtor’s status for your own peace of mind. However, contract protection is afforded for anyone that is interested in purchasing a property through an agent that represents a seller’s interest by signing a contract to represent both.

If you are in the market to buy a home you need to expect a reasonable amount of service from any real estate agent that represents you. The goal should be to fully represent your best interests. You need to be informed clearly from your agent if they will require you to sign an exclusive clause contract. This legally binding contract will require you to work with that agent only. Always search for an agent that will allow you to have other realtors working on your behalf. All buyers agents should work diligently to help you sell your home by providing comparisons studies of the in your area, and to handle any inspections, or working with a lender and the loan application process. He or she should be more than willing to consider and respect your wishes when planning an open house for either other realtors or the general public. Agents should always be courteous about general appointment times to meet with you, and should always leave a cell phone in case of unexpected issues surrounding the sale of your home. Your buyer’s agent should clearly explain all aspects of the contract to you. Issues such as contract compensation and their exact fees for selling your home, along with things such as how long you must list your home with them should be covered in a written contract.

Over all the experience of either buying or selling a home should be one that is pleasant for both the seller and buyer. Selling and buying is a serious decision that can affect your financial and emotional well being for years to come – consequences of how informed you are will be long lasting, many years after you have walked away from the bargaining table.  

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Step by Step Closing: For the buyer and seller

You as the buyer or seller will have to appear at a meeting in which all of the final legal details will be handled, this is known as the closing. Others in attendance are the realtor, lender and a closing agent. The meeting usually occurs either at an agent’s office, or at a lending institution such as a bank or mortgage company. The main emphasis is to review all of the paper work, and to sign the different forms for financing, and to transfer title to the new owner. For the buyer and seller knowing what to expect can ease concerns on the process of closing.

Typically the buyer will have a more of a role to play in the process of closing on a house. However, the seller will have an important role to play too. Usually a review of the settlement sheet is presented first for both to sign and agree upon. You will need to be sure about the terms and agreements before you sign. Next the buyer will be required to show proofs of required mortgage insurance, and that all necessary inspections have been completed according to the guidelines of the contract. All parties must be in complete agreement over terms and sign the documents. Once this phase is completed both parties will present a certified check for the entire amount of the closing costs. The lender will present the funds paid to the closing agent, also if there are any funds due they will be submitted at that time to the lending agent.

Depending on the requirements that you agreed to as a buyer, for example your bank or mortgage company may have stipulated that any you will need to set up an escrow account to pay your property taxes, or may be your designated home insurance provider out of this account, this will be efficiently handled at the closing meeting for your new home. Other issues such as the recording of the deed will be discussed. Don’t be surprised if your informed that you don’t have legal claim to the property until it is officially recorded at your local courthouse. It is to be understood that you may not move in until you have legal ownership of a clear title, and this process can take from a few days to over a week. This is why disbursement of funds to anyone involved in the transaction will not be paid until the deed recording is completed.

If you’re the buyer you will need to know what forms you will be required to sign. Take a few moments and write down a check list, and bring along copies of any paper work that you have been required to sign or review. An important document known as the Truth in Lending statement will contain vast amounts of financial information for the buyer. This statement will contain information such as your interest rate for the mortgage, amount of the cash financed, and your monthly payment schedules along with the total amount paid based on the length of your loan. Detailed information will be found in other paper work for the buyer too. The mortgage note and other assigned specifications will spell out in specifics terms such as how and where the note is to be paid, and the institutions right to reclaim their rights to the property. This legal documentation will also explain that you’re to meet other specific requirements, such as paying any necessary insurances and taxes yearly, that is of course if you are allowed to pay this independently, and is not part of an escrow account.

The value and importance of a good realtor is quickly appreciated in the closing meeting. Many of the processes involved are readily explained by a caring and competent professional before the closing ever takes place. Make sure though that you do your part by taking the time to ask any questions that you have with your realtor, and studying if necessary your part of the process, whether you’re the buyer or seller. Home buying and selling can be a pleasant experience for all of those involved without a lot of hassle and grief. Just make sure you approach it with the right attitude and guidance.

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Foreclosure: Buying A Foreclosed Home

Foreclosure begins when a property owner defaults on the mortgage of a property, mainly due to financial difficulties or the inability to keep up with the mortgage payments for some reason or another. In the event that a property succumbs to a foreclosure, it’s most likely that the property has not been maintained as it should have been. This means that perhaps the roof is in dire need of repair, a damaged foundation or the landscaping has been severely neglected, or a number of other maintenance or repair issues that may be costly. Some foreclosure homes may only need a fair amount of TLC. The amount of repairs needed or required for the foreclosure property may greatly reflect on the asking price. A major fixer upper may be offered at a lower than normal price, whereas a property that is in fair condition may go for a price just the below the market value.

When a mortgage lending institution decides to foreclose on a property, they will file a notice of default that will become a public record for all buyers who are interested in locating foreclosed properties for purchase. There are many places buyers can look to find foreclosed properties such as: various web sites on the Internet, real estate agents or brokers and real estate magazines.

Once the buyer locates a foreclosed property they are interested in, the buyer can assess the public records and check for any liens on the property. Most liens that are placed on foreclosed properties are for unpaid taxes. Interested buyers should also check the values of the neighboring properties before entering into a contract, to make sure they would be getting a fair market value.

Novice buyers may be interested in checking out bank owned foreclosure properties. These bank owned foreclosure properties may prove to be at lower risks to the novice buyer. With bank owned foreclosure properties, there are usually no tenants to evict, no liens against the property and no past due taxes.

Some lending institutions may be eager to sell their foreclosed properties and may offer to finance the foreclosed property to the buyer at a low market rate or with a small down payment. If the lending institution has already done an appraisal, the interested buyer may not have to pay an additional appraisal fee. Most lending institutions that are eager to sell a foreclosed property may also include title insurance that generally removes most of the risks that come with buying properties early on in the foreclosure process.

The more experienced buyer may decide to find a pre-foreclosure property owner about to go into default and offer to buy the property for a portion of the difference between the property equity and the market value. This may be an acceptable offer to a property owner who doesn’t want to end up losing all of the equity that has been invested in the property. Some pre-foreclosure property owners may offer bargains to a persistent buyer. This is mostly because at this stage, credit collection agencies are constantly hounding the property owners, who would in turn want to resolve these issues to avoid any further harassment.

Buyers may sometimes find that contacting the owner of a pre-foreclosed property can be difficult. Usually by this time, the property owner may not have any electricity or a telephone. Sometimes these pre-foreclosed property owners may also be difficult to deal with directly, due to a drug or alcohol addiction that put them in their situation in the first place. Some owners may also be hostile to the buyer or unpleasant to deal with because they are bitter and frightened about losing their home and perhaps they have no other place to go. Some of these owners may even see the buyers of their foreclosed properties as their mortal enemy and may do some extra damage to the foreclosed property before evacuating the premises.

Many foreclosed properties are normally sold at prices close to the assessed value. Depending on what city or neighborhood the buyer is interested in, what the neighboring property values are, how long it has been on the market and what amount of work needs to be done to the foreclosed property will greatly reflect on the asking price.

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6 Tips for the Virgin Home-buyer: What to know before you sign on the dotted line

You’re ready to take that big step. You have enough in your savings for a down payment and you’ve decided it’s finally time to own your home. Buying a home is a complicated and even frustrating experience for everyone, but for first time buyers there is all sorts of added pressure. Just remember that veteran home buyers face the same concerns and confusion that you do – it’s just they have a little bit more experience coping with that pressure.

Here are a few tips if you’re just starting out in the property game.

Check Your Finances

You want to make sure that your finances are in order and that you have enough money to proceed with your dream of owning your own home. It is important that you take a look at your credit history before you apply for a mortgage so that you can clear up any mistakes or irregularities. You also want to have a good idea of what you can afford before looking at properties. You only want to look at homes that are within your budget and knowing what you can realistically afford before you start looking and sticking to that budget may save a lot of disappointment down the road.

Do Your Research

Before you begin house shopping, you need to know what you’re looking for. You need to know what kind of house and area you want to live in. Prepare a list of questions that you could yourself when looking at a potential property. These questions might include:

Is the neighborhood safe?

Is the house big enough for our needs now and in the near future?

Are there schools?

Is it close to work? If not, how much time will I spend commuting?

Is there public transportation?

What condition is the house in? What repairs will I have to make right off the bat?

What about re-sale value? Will I be able to make some money when I sell the house in a few years?

If you are planning on applying for a mortgage, you’ll also want to do some research on the different types and terms of mortgages that would be available to you.

Find the Right Real Estate Agent

Whether you’re buying or selling, it’s important you also do your research where a real estate agent is concerned. A good real estate agent will be knowledgeable of the housing market in the area you’re looking in and he or she will be able to answer most if not all of the questions you have about this process. It is important to build a strong relationship right from the start – it will make things much easier down the line. You’ll want to make sure that you find an agent that will keep your best interests (not the sellers or the agent’s own interests) first.

Put that Offer In

This can be a difficult part of the process for both the buyer and the seller. The buyer does not want to overpay or go beyond his or her budget, but at the same time token a seller does not want to give away the home. There are other factors to consider, especially a contract that outline what will and will not be included in the home (i.e. appliances).

Home Inspection

In some places this inspection occurs before you sign the final deal, while in others it is after it is finalized. This is an important step – you want to know exactly what you’re getting yourself in to when purchasing a home. If there are problems with the home, you want to know that right off the bat, not a few months down the road.

Closing the Deal

Closing (also referred to as settlement) is when the ownership of the property is transferred to you (the buyer).

What about buyer’s remorse? A lot of people experience it. You love your home when first see it and you can’t wait to move in, but once there you begin to have your doubts. Did I pay too much? Can I afford to do this? Is this really the perfect house or should I have held out a bit longer to see if anything else came on the market? These thoughts go through the minds of almost anyone who has bought a home at some point, but they can certainly be overwhelming for the first time home buyer. Just trust your instincts and try to remember what made you fall in love with the house in the first place!

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Buying a home outside the U.S.: Things to know before you begin searching

At some point in our lives, we fantasize about owning a vacation home in some beautiful part of the world. Or great escape may be in a home, cabana, cabin or a chalet near a lake or by the ocean. Buried in a lush forest or among a mountain range, or whatever scenery seems more appealing to live, vacation, or even retire to. Turning a fantasy like this into a reality is possible, but buying a home outside the United States is a complicated process. Buying a home in a foreign country often requires complicated contracts that must be translated, larger down payments and higher interest rates.

The United States mortgage lending institutions will not loan money to individuals for the purposes of buying a home on foreign soil. Individuals must obtain a loan through a mortgage lending institution in the country they wish to buy in.

American home owners have the advantage of the U.S. tax write off. This is when the Internal Revenue Service will make deductions on the mortgage interest of the primary home and the second home for up to one million dollars, no matter where in the world the second home is located. As long as all requirements are met for the primary and second residences, this is true.

Gathering all the necessary paperwork and organizing it in a way that the Internal Revenue Service will find acceptable may take some time to do. Especially if the paperwork must be translated into English. Mortgage interest paid on the property, along with all money involved, will have to be converted to American funds. This entire process will come along more smoothly if the individual employs a tax preparer to help convert these transactions.

The value of the American dollar can be a bonus when buying a home on foreign soil. The buyer should expect some headaches with the amount of paperwork involved though. Some countries have laws that regulate what types of properties and locations can be bought by non-citizens. For example: In Mexico, non-citizens are not allowed to buy beach front properties.

Usually, buyers can overcome many problems once they have found the property of their dreams with plenty of patience and persistence and the right mortgage lending institution. Buyers must make sure to find a real estate agent and mortgage lender that are familiar with the rules about non-citizens buying property in their country.

Buying properties in Canada and Mexico is a fairly easy process compared to buying properties in other foreign countries. Buying properties in other parts of the world may prove more challenging and would be best if the buyer checked in with the United States Embassy in the country where they would like to buy properties.

Mortgage requirements are pretty much the same in foreign countries as it is in the United States. First the buyer will need an appraisal on the property to prove that it is worth the asking price. Then the buyer will have to prove their credit worthiness to the lending institution by providing income tax statements, references and proof of employment. The buyer may have to make an extra effort to prove that they will be able to make the required monthly payments.

There may also be extra costs involved in obtaining a credit report that must be sent internationally and if the credit report must be translated. Interest rates on foreign property can vary throughout the world. So regardless of the value of the American dollar, don’t expect to save a lot on interest rates.

Down payments on property in Canada can be as high as 25% and the entire transaction can be done in English, in exception of Quebec, where law requires the transaction to be done in French. Mexico often requires a down payment as high as 60% for a 15 year mortgage. All Mexican transactions must be done in Spanish. Many lending institutions in Mexico deal with Americans on a regular basis, mostly in Guadalajara, where more Americans have retired to or maintain a summer home.

Buyers interested in buying a home outside the United States to retire to may have to pay both U.S. and foreign residence taxes. Most often the Internal Revenue Service will allow the buyers to deduct any foreign taxes paid from what is owed in the United States. All tax matters regarding foreign properties are best left to the experienced tax preparer or personal financial advisor before making any decisions to buy property outside of the U.S.

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