Seller’s Temporary Residential Lease

Seller's Temporary Residential Lease

Does the thought of packing up all of your precious belongings, scheduling movers, utility shutoffs, and wrangling the kids, pets, and spouse into a packed car send shivers down your spine? Is it made worse by the thought that you could go through all of that only to have the contract on your house go wrong at the last minute? To avoid making those last few days leading up to closing even more tense and stressful, consider this.

Sellers can request and negotiate to lease their home back from the new buyers after closing. There’s a simple two page form called the “Seller’s Temporary Residential Lease” that gets added to the contract and I must admit there have been times that it has been a true lifesaver. With this form, you negotiate a set per diem rental rate (commonly it’s calculated by taking the buyer’s new monthly payment and dividing by thirty, but it’s all negotiable) and possibly offer up a security deposit. Once everyone signs at closing and the deal funds, the buyers become the rightful owners of the property. And the old owners become their tenants. Standard landlord/tenant relationship rules apply and generally payment for the anticipated term of the lease is paid all at once up front. This leaseback can extend for a few days or a few weeks, just no longer than 90 days. So if the new home you’re purchasing isn’t quite ready or if you just want an extra few days of certainty before busting out the boxes, consider this as one more option in your real estate tool belt.

There is also a “Buyers Temporary Residential Lease” which is used when the buyer needs to move in before closing. It is not as common as there are some legal issues with doing this, but it can be used in a pinch.

10 Things Buyers Shouldn’t Do

Nummer Zehn

Never, ever do these ten items

As a home buyer, you face a lot of challenging decisions as you make your way through the process. Why throw a monkey wrench into the system when you can easily avoid some of the common mistakes that buyers make? Avoiding these ten items will help your home buying adventure run much more smoothly and help alleviate the stress that buyers and their agents face.

  1. Tempt yourself with properties out of your price range/budget: Before even taking the first step in house hunting, make sure that you have an idea of what you feel comfortable spending for your monthly payments. Talk to a reputable real estate agent or loan officer to get a feel for what that equates to in sales price. You may qualify for a larger amount, but if those higher payments stress you out each month, is it really worth it? Why even go look at a home that is completely out of your range?
  2. Expect to demolish a seller in negotiations: Yes, it feels fantastic to get a deal on a home, or walk away from closing with equity, but you should remember that not every seller can afford to take a beating or huge loss. If you pound a seller down on price up front, they may not be willing or able to work with you on repairs down the road. Plus, the market is changing and it’s becoming a seller’s market in many areas. By coming in super low, you may risk offending the sellers or losing out to a more realistic (higher offering) buyer.
  3. Justify price based on other listings: Size doesn’t always tell the full story. Honestly, as a seller you can list your price at whatever number you want – realistic or not. When you’re buying a house an appraiser will look only at similar properties that have sold. A closed sale means that two parties (and probably a bank) came together to determine a solid value. Keep this in mind both in deciding what to offer and when considering future.
  4. Lie: While lying is generally discouraged in all areas of life, there’s a reason it’s especially discouraged in real estate. Things get ugly and they get ugly fast. Lying on a mortgage loan application constitutes fraud and you can go to jail for it. Lying to your agent handicaps them when they try to give you sound advice. Lying to a seller breeds hostility and can tank a deal fast. It’s far better to be truthful, even if there is a problem. Most of the time the problems can be resolved (given a bit of time, skill, and luck), and being forthcoming and honest puts everyone in a better position to solve the issue quickly and effectively.
  5. Skip inspections: Mold, water damage, improper building codes, electrical wiring hazards – all things that may not be visible at first glance on a home. HVAC units, plumbing leaks, water heaters, foundation cracks, and roofs can be some of the most costly repairs. Isn’t it worth having those items thoroughly checked out up front so you can 1) have sellers correct problems; 2) know what you’re likely in for down the road; or 3) back out before you get in over your head? Even new homes aren’t immune from problems, code violations, and costly mistakes.
  6. Quit or change jobs: If you’re getting a mortgage, there are strict rules and guidelines for verifying that you have the income to be able to pay off the huge debt a bank would be taking on on your behalf. If that income source suddenly vanishes or changes in any way, lenders suddenly start to feel very bad about that risk. If a job change can’t be avoided, it’s good to know that you’ll need at least two paystubs from the new company and staying in the same field really helps. But, if at all possible, hold off on those employment changes until after the sale.
  7. Take on new debt: Yes, this means hold off on applying for or opening new credit cards no matter how sweet the discount. Don’t buy furniture. Don’t buy a new car – or even a used one. And really, don’t start charging those new décor items from Pier One on your credit cards either. Lenders will pull your credit scores at the time of loan application and again at closing. All of these things can impact and change your credit score, which could mean that you lose on a loan. And a house. And time. And money. Don’t risk it.
  8. Believe everything you read on the internet: Real estate laws and customs vary immensely from state to state, so you always have to consider the source when reading blogs or real estate articles. Even the verified experts may only be experts in a particular region which has nothing in common with the one in which you’re buying. Also, if something’s important to you (schools, crime, or neighborhood amenities) then take the extra time to verify it from other sources. And, believe it or not, even in the MLS, mistakes can happen.
  9. Stop yourself from asking questions: There’s a lot that goes into buying a home and at times it can be quite overwhelming. Staying silent can lead to confusion or conflict down the road. Even if you’ve already asked a question, ask it again and again until you feel comfortable with the answer. Take notes. Be involved in the process. This is a huge investment – be an active part of it.
  10. Go it alone: Real estate purchase contracts are legally binding documents full of small caveats and provisions that you may not even consider when thinking of buying a home. Even when buying a new home, it’s completely worth it to use the expertise of a quality REALTOR® to provide a wealth of information and negotiating skill. From comps to property condition pitfalls to resale considerations and negotiating skills, agents deal with these matters day in and day out. Go with a pro. It won’t cost you anything. (sellers predominantly pay REALTOR® commissions in Texas).

…and don’t miss “10 Things Sellers Shouldn’t Do” if you’re on that side of the coin.

image courtesy of mueritz

Seeing with Buyer’s Eyes to Sell Your Home

Seeing Through a Buyer's Eyes

Home sweet home. Your palace. Your castle. This is your home and you love it, but now it’s time to sell it. Once the decision is made, your home becomes public domain – agents, buyers, appraisers, inspectors, and handymen descend on your home and make it ready to be owned by someone else. For some, this is a simple business transaction, but for most families, this can be a terribly emotional experience. The key to it all? Think like a buyer and see your home through their eyes.

There are tons of staging tips out there and all of them offer sound advice on the basics; clean, declutter, and stage. But what can you do to really set yourself apart in what has (thankfully) become a competitive market? Walk outside your front door and out to the street. Pretend you just got out of your car and walk towards the home. Instead of thinking, “I love this house,” think like a potential buyer. See the issues they’re going to have before they ever show up at your front door. Make them love the house the way you do…but remember they’re going to be your harshest critic. It’s not the easiest thing to do, but viewing your house from the buyer’s perspective will help give you an edge over the other houses on the market.

Practical Tips from Home Buyers

Dirt and dust. You keep a clean house. You try your best to pick up everything, but let’s be honest here – we all have a certain amount of dirt and dust in our home. It’s nearly impossible to keep up with! When a buyer walks in and sees dirt and dust in your home, they don’t see it the same way you do. They see it and multiply it. If you didn’t bother to clean that crack in between the stove and the counter – what else might be laying down there (crumbs dropped down this space provide a perfect meal for rodents and a host of creepy crawlies)? Hard water stains in your toilets means you didn’t clean them often enough – so what dangers lurk in the drains? Dirty kitchen appliances – have they been serviced…do they function properly? The buyer has choices in the housing market and by giving them any room to let their thoughts wander to negative questions hurts you…even if the buyer’s thoughts are completely off base. Perception rules the day.

Heating and cooling. Almost every repair amendment I have seen in the past year has included a mention of cleaning the A/C unit and changing all filters. Inspectors are not licensed A/C repairman so if they see a speck of dust, they’re going to mention it in their report and just about every buyer’s agent will then ask for it to be cleaned and serviced by a licensed technician, as well as replacing the filters. Head this one off at the pass and have your filters changed and your unit serviced regularly. Other helpful tip? Clean the vents in every room. If there’s dust on them, buyers will think you haven’t been keeping up with maintenance and will probably go further and wonder how dirty the ductwork is.

Trees. This one is simple and I see it time and time again on inspection reports. Cut the branches of your trees – particularly those that are too close to the roofing or structure. Branches can cause a lot of damage to your home on windy days. They are also used by wood destroying insects like carpenter ants to enter your home. Trim them before anyone notices how close they are to the house and you’ll avoid another common buyer complaint.

Curb appeal. People typically think of curb appeal as trimming the bushes and planting some new flowers. While this is definitely appealing, when seeing your house through the buyer’s eyes, you need to think about the walk up to your house, particularly your front porch and door area. When an agent is showing your house, this is the one place where buyers are typically forced to stand and wait a few moments while the agent fiddles with the lockbox and gets the front door open. These days, most people enter their own homes through their garage, so the front door area is often neglected. Make sure your lock works smoothly (tricky locks can be a frustration to the agent, but are an immediate red flag to a buyer). Clean up the area (sweep, remove cobwebs and hornet nests). Look at your door – does it need a new coat of paint or refinishing? Even just adding a nice new door handle, house numbers, or doorbell can help prevent the buyer’s minds from wandering into the “if they didn’t take care of this, what else didn’t they take care of” territory.

The idea is to present your home in an ideal light. Don’t give the buyers a chance to think anything negative. Of course, if there are actual problems with the home, you must disclose them (so don’t perform “cover up” work). By being proactive and trying to see things the buyer will see, you can help prevent some of the issues you might run up against during contract negotiations. Every problem in a buyer’s mind means less money for you.

image courtesy of luisar

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San Antonio real estate and property information provided by Kimberly Howell Properties. Kimberly Howell Properties does not assume any liability or responsibility for the operation or content of any of the linked resources, nor for any of the interpretations, comments, graphics, or opinions contained therein. All information deemed reliable, but not guaranteed. KJH Properties, Inc. is a licensed real estate brokerage in the State of Texas, Equal Opportunity Employer, and supporter of the Fair Housing Act.