Buyer’s Walk-Through and Acceptance

Walk This Way

Walk this way!

Congratulations! You’ve made it almost all the way to closing…but before you sit down at the title company and sign the all-important closing documents, aren’t you forgetting something? The buyer’s final walk-thru. This is one last opportunity for you to go back through the house you are buying to make sure that everything is in order. At the closing table, you’ll sign off on a form called the “Buyer’s Walk-Through and Acceptance.”

When do you do it? If repairs were negotiated as a part of the contract, you’ll want to schedule a walk-thru a day or two before closing. That way, if anything is incomplete or not done to your satisfaction, there’s still time to resolve the issue before closing. It’s always a good idea to do another walk-thru the day of or evening before closing.

What are you looking for? First and foremost, you want to make sure the house is still standing and in the same condition (or better) than when you first made your offer on the home. If suddenly there are giant holes in the walls or missing items that should stay with the house. that’s not a good sign. Or if the seller hasn’t even begun packing (believe us – it’s happened) then you know you’ve got a few bumps still to tackle ahead.

If all meets your expectations, proceed ahead, go to closing, sign those documents, and prepare for your new home.

If things are amiss, you do have options. Most commonly those options include delaying closing (hours or days, depending on the situation) or re-negotiating money in lieu of repairs.

If you’re leasing the property back to the seller, you will still want to do the “final” walk-thru before closing. Recognize that the seller will still have furniture in the home, but it’s still great for peace of mind and checking in on the condition of the home. Don’t be afraid to take pictures. You’ll do another walk-thru when the sellers move out as well.

image courtesy of Neville 10

10 Things to Know About Closings

Closing Time

After all that time waiting, you get the call…it’s closing time! Closing is the time to sign all of those final documents and move all the money around to the appropriate parties. Closing seems as if it’s a million miles away from the day you made/accepted the offer on your house, but once it arrives, the excitement once again builds. Here’s a few things about closing that we wanted to share with you that you may or may not know.

  • The date in the contract is an “on or before” date. This means that if all parties agree to close a day early, they can. A week early? Still a yes. A whole month? Absolutely!
  • Closings most commonly occur at a title company.
  • Buyer and seller do not close at the same time. There is no requirement that one party close before another.
  • Photo ID is required. Signatures will be notarized and the closing office will want to make sure you are who you say you are.
  • Power of Attorney can be used, but generally original POA document is required. A call will be made to the person granting the POA just to make sure they are 1) alive and 2) not revoking the POA.
  • Monies for closing are required to be in certified funds – cashier’s checks or wires. Don’t bring a suitcase full of cash (although it might be impressive) or a personal checkbook.
  • Don’t expect the keys right away. Unless otherwise specified in a temporary lease agreement, possession transfers at closing and funding. This means that the closing office has to make sure that all funds for the deal have been received. If the buyer is securing a mortgage, it could take a few hours…and sometimes a few days.
  • Taxes will be pro-rated based on the previous year’s assessed value. This can change each year, most noticeably with new construction (where previous year’s tax value is based on land alone, not land and a house).
  • Average closing time for a seller is thirty minutes or less. There’s a lot less paperwork involved in selling than in buying.
  • Average closing time for a buyer is about an hour. The biggest factors in this much lengthier process are the complexity of the transaction, the experience of buyer, what documents the lender requires (some require more than others), and knowing what to expect, what to bring, and what information the buyers will be signing.

image courtesy of gill.holgate

5 Home Buying Mistakes After Contract

5 Home Buying Mistakes After Contract

Ahhh, pressing pen to paper (or clicking on a digital signature line)…you’ve just purchased a new home. Now that your offer is a contract and you’re on your way to buying a home, there will be a lot of things you’ll need to take care of and get done. More importantly, there are quite a few things you shouldn’t do.

Each of these mistakes are pulled from real life scenarios that we’ve seen happen. Making any one of these can destroy all the hard work you and your agent have put into getting you to this point. Sometimes, they can be fixed, but more often than not, they will scuttle the deal and have your lender denying you faster than you can say “Oops.” Avoid these five mistakes and keep the road ahead clear of obstacles and you’ll be sliding your key into the lock of your front door before you know it.

5 Ways to Destroy Your Home Loan

Make large purchases – As your lender is looking through your file and checking all the figures, this one is a common mistake. You’re excited, you just bought a house and now you need a flatscreen TV for that man-cave you’ve always dreamed about. So you buy it…no big deal, right? To a lender it is a big deal. Although you’ve been approved and the lender is working behind the scenes to make your loan happen, any large changes in your cash reserves and bank account statements will throw red flags to the underwriter. And just because you’re just days away from closing doesn’t change this – every lender performs a pre-close audit to double check all the figures. Wait until you’ve closed and funded before getting extravagant. Best advice? Wait until you’ve received a month or two of mortgage bills to rebalance your budget before making any large purchases.

Credit, credit everywhere – Now that you’ve seen how strong (hopefully) your credit is, you figure now’s the time to think about adding a new car in the driveway. So you hop on down to the local dealer, find the car of your dreams (and it matches the curtains too!) and sit down with the car dealer to talk financing. First thing they do? Run a credit report. Even if you don’t buy the car, that credit check will show up on the lender’s credit report. You’ve just given the lender a reason to worry. Credit checks can lower your scores and in times of tightened lending standards, any movement in your overall credit score can cause a loan to fall apart. Best advice? Don’t open any new lines of credit – cars, store cards, or credit cards and don’t spend on credit during the closing process. The more you can avoid this, the better your chance of closing on time.

Late payments – It goes without saying that you should pay your bills on time. You always should and if you’ve been approved for a home loan, you’ve probably done well at it so far. Don’t mess up your closing by suddenly changing course and paying a few bills late here or there. Best advice? Simple – pay your bills and pay them on time.

Make too much money – This one might sound a little odd, since more money is better usually, but any large deposits into your bank accounts can trigger more investigation by the lender and hold up closing. Where did the money come from? Why are you receiving it? By the time you’ve signed a contract and have moved through the basic approval process and into underwriting, anything – negative or positive – can affect your loan. Don’t give the underwriter a reason to take a second look at your file and ask more questions. The more questions, the more paperwork, the more time, the more chances things can go wrong. Best advice? Speak with your lender about any money you might be receiving – even gifts from family members prior to the loan application process. They will be able to guide you on what you should and shouldn’t do. Try to freeze-frame your current standing financially (using the above advice as well) and give the underwriter the same picture of you on day one as they see on the closing day – deviating from that too much in any direction can cause you trouble.

Lose/change your job – No one chooses to lose your job, but it does happen. If you lose your job consult with your lender immediately. If you’ve been eyeing a job change, you should also let your lender know. Best advice? Stay put if you can and don’t make any sudden changes (do you see a theme developing here?). No one can avoid losing a job, but it never hurts to stay on the bosses good side while you’re heading toward closing.

By avoiding these five mistakes you can help make your closing smooth and comfortable for you. There is nothing more frustrating for home buyers than dealing with an underwriter who needs red flags cleared up. The minute you go under contract for a home, remember to keep your finances in order…the same order when you applied for the loan.

Thanks to Linda Rudd with Legacy Mutual Mortgage for the inspiration for this post during our office meeting.

image courtesy of haldean

What happens if the buyer loses their job?

What if the buyer loses their job while buying a home?

Let’s play another fun game of Worst Case Scenario Survival: Real Estate Edition.

You’ve found it – the home of your dreams. It’s the perfect size for your family, in a great location, and the seller accepted your low offer. The stars are aligning and everything is moving smoothly. You fly through inspections and the finish line of closing is within sight up ahead. And then the boom comes – you’ve been fired from your job!

In addition to the instant panic of how to pay bills, sustain your family, and how you will find another job; you’ve also got this pesky real estate contract looming overhead. It is a legally binding contract, after all. What to do? Step 1: Notify your lender and your agent, as both can help guide you. Terms of the contract and your personal financial situation may vary and can change the outcome.

Best of the Worst: Look at your real estate contract. If you made the purchase subject to your ability to qualify for a loan, there will be a form included called “Third Party Financing Addendum for Credit Approval.”

Look at the number of days you had to provide notice to the seller about your ability to secure financing. If you are within that time frame, you’ve dodged a bullet. As that paragraph reads, you can give written notice to the seller of your inability to qualify for a loan (provided that this is actually the case – again, check with your lender). As long as you are within the time frame of that paragraph, and have met all other terms of the contract, you should be entitled to a refund of your earnest money. Will you get reimbursed for inspections, option fees, or your time? No, but with the return of earnest money, you stand to get back a large chunk of money we’re thinking you could use right about now.

Worst: If your contract is subject to financing, and you’re past the timeframe of the Third Party Financing Addendum for Credit Approval, the tides may have turned against you, my friend. Assuming that the seller isn’t themselves in default by any other term of the contract, you can ask the seller to release your earnest money, but chances are great that they will deny your request. After all, they’ve taken the home off the market for a while, spent money on repairs, possibly turned down other buyers, and possibly even have to worry about the security of their own future living arrangements. Your best solution in this case might be to notify the sellers as soon as possible and try and terminate the contract. Most will want the earnest money going to them (liquidated damages) and then you may part ways.

Worst of the Worst: Take the Worst case scenario above and then add in the truly possible legal ramifications. Technically, by not closing (even if it wasn’t really your fault or intention not to close), you could be considered to be in default of the contract. Paragraph 15 of the contract states that “Seller may [...] enforce specific performance [or] seek other such relief as may be provided by law…” This means potential lawsuits, court battles, financial penalties and more. There may be a clause in your contract which allows mediation before arbitration, but even that can be costly.

Remember, if you lose your job during a transaction:

DON’T hide a job loss or change from your agent and lender.

DON’T delay notification. Even if you are able to find a new job quickly, your loan will be affected and people will need to know.

DO read your contract.

DO pay attention to contract deadlines.

DON’T become unreasonable. No one intends for these things to happen, but each party may be suffering a different loss. Try to look at things from the other perspective and a middle ground can often be found.

DO work with an agent you can trust. They’ll be there to help guide you.

image courtesy of KellBailey

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.