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Two Basics For First-Time Buyers
By IncomeProperties
Nov 26, 2005, 15:35
The process of buying and selling real estate is full of terms and procedures
that are completely new to first-time buyers. Unless you first master these
basics, you will find it impossible to understand what equity sharing is and how
it fits into the real estate universe. This article will give you the foundation
to become an equity sharing expert.
REAL ESTATE AGENTS
What Agents Do
A real estate agent can give you an overview of the buying process and make
you feel secure in the knowledge that an expert will prevent you from making
costly mistakes. The agent can help you to select a mortgage loan, prequalify
for that loan, and determine how much house you can afford. Using this
information, your agent can guide you in deciding the size, configuration, and
features you need in a home, and in developing home search criteria.
Your agent can then survey the market for homes that match your criteria. An
agent's time and resources allow him or her to show you more homes than you
could find on your own. The agent can access computer databases containing the
features of every home available, then prescreen these homes so that you will
not waste time looking at homes that don't match. As you shop, the agent can
help you evaluate each property by showing you special features, pointing out
drawbacks, spotting repair problems, and describing the characteristics of each
neighborhood.
When you find a property you like, your agent can prepare a survey of similar
homes that were recently sold in the same neighborhood, and help you analyze the
survey to determine the price you should offer. He or she can then prepare a
risk-free purchase offer and present the offer to the seller and the seller's
real estate agent. During the presentation, your agent's knowledge and
experience will increase the chance that the offer will be accepted. If the
seller responds with a counteroffer, your agent can help you develop and
implement a successful negotiation strategy.
After you strike a deal with the seller contingent on your mortgage approval
and property inspection, your agent can help you through the loan application
process, set up professional home inspections, and handle any renegotiation of
price or terms following inspections. As the transaction progresses, your agent
can make sure the seller is complying with the terms of the contract, and facilitate
tile searches, escrow, and closing.
Payment of Agents
One of the best things about using a real estate agent is that you don't have
to pay the fee. Your agent is paid by the seller's agent. Here's how it works. A
seller enters into a listing agreement or adds his home to the real estate
agent's list of available homes and agrees to pay the agent a commission
(usually 6 percent of the sale price) if the home sells. The seller's agent
advertises the property and usually holds weekend open houses, If the buyer has
an agent, the seller's agent splits the commission with the buyer's agent.
First-time buyers often wonder how their agent can be loyal to them when
he/she is being paid (indirectly) by the seller. In fact, divided loyalty is
rarely a problem for the buyers' agent. He/she develops a close working
relationship with the buyer during the home search and has no working
relationship with the seller; in fact, he / she does not even meet the seller
until the day an offer is presented. Moreover, he / she knows that his / her key
to repeat business and word-of-mouth referrals is the buyer, not the seller, who
already has an agent. As long as your agent is not also the seller's agent, you
should get loyal and devoted representation.
Selecting An Agent
Buying a home is a major financial and emotional step, and success or failure
will rest largely in the hands of your agent. Select an agent just as
deliberately as you would a doctor, lawyer, or accountant. Never work with an
agent just because he / she happens to be holding an open house at a home you
like. Make a list of candidates based on referrals from friends and family. If
you attend an open house or seminar and encounter an agent who seems
knowledgeable, add him / her to your list. Interview your candidates regarding
their qualifications, experience, and services. Make sure you check with at least
three past-client references for each agent.
You will get the best service and loyalty if you work with one good agent who
knows you are loyal in return. You will know your agent is doing a good job if
you hear from him / her regularly, if the advice he / she gives makes sense, and
if you are aware of his / her hard work on your behalf. If your agent is not
giving you the service and attention you want, fire him / her and find someone
else.
WHAT CAN YOU AFFORD?
The Components of Payment
Almost no one pays the full purchase price of real estate in cash. Instead,
buyers pay with a combination of two components: (1) a minimum amount of cash,
called the down payment, and (2) a loan, called a mortgage. The
maximum price that you personally can pay for a home is controlled by the amount
of cash you can raise (your maximum down payment) and the amount you can borrow
from lenders (the maximum mortgage amount).
Down Payment Sources
To determine what you can afford, begin by calculating your maximum down
payment. Remember this important fact: to reduce the risk that you will abandon
the home, most mortgage lenders will require the down payment to be your own
money. It can come from bank accounts, retirement funds, or gifts, but it cannot
be borrowed. When you calculate your maximum down payment, do not include any money
you plan to borrow. As we shall see, most lenders count equity sharing funds as
down payment cash.
Mortgage Loans
The next step in determining what you can afford is calculating your maximum
mortgage amount. A mortgage is a loan secured by a lien on the property. This
means that if the borrower does not make payments, the lender can force the property
to be sold and use the money to repay the loan. The forced sale process is
called foreclosure. Most mortgage loans are due in monthly payments over
30 to 40 years, but can be repaid sooner if the borrower sells the home or refinances
by getting a new loan to pay off and replace the old one.
Your maximum mortgage amount is limited by the maximum monthly house payment
you can afford. Monthly house payments are often called PITI, which
stands for mortgage principal (the portion of the mortgage payment that actually
reduces the amount you owe), mortgage interest, property taxes, and
homeowner's insurance. Your maximum PITI will be different for each lender and
each loan. The best way to determine your maximum mortgage amount is to shop for
your mortgage before you shop for your home. After you choose a loan, the lender
will set your maximum monthly PITI, loan amount, and home price through a
process called prequalification.
SEARCH, COMPARE, AND OFFER
Finding the Right Home
After you know what you can afford, develop home search criteria:
neighborhood, size, features, and prices. Asking prices are usually higher than
selling prices, especially in a slow market, so set your search price above the
amount you actually want to spend. Have your real estate agent make a list of
every property on the market that meets your criteria. Include properties that
meet most but not all the criteria; you don't want to overlook something special
because it doesn't match exactly. Either you or your agent should view every one
of these homes. If none seems right, continue your search by having your agent
call you immediately each time a new property that meets most of your criteria
comes on the market. You may also want to broaden your search criteria, check
new neighborhoods, or visit random open houses. It's easy to be mistaken about
what you want.
Anatomy of an Offer
Once you determine the value of a property, your real estate agent can
prepare a written purchase offer - your promise to buy the home if the seller
agrees to your terms and if the contingencies are fulfilled. The contingencies
are the requirements and conditions you set that must be satisfied before your
promise to buy the home becomes binding. The most common contingencies are:
- Financing contingency - describes the mortgage loan for which you intend
to apply, and states that if you are not approved by the lender within a
certain number of days, you do not have to buy the home.
- Inspection contingency - gives you the right to have the home inspected by
professional inspectors (typically, a termite or structural pest control
inspector and a general contractor) within a certain number of days, and
states that if you are not satisfied with its condition, you do not have to
buy the home.
- Title contingency - gives you time to determine from government records
whether the seller really owns the home and whether anyone else might have
any interest in it, and states that if you are not satisfied with the
seller's ownership, you do not have to buy the home.
Any contingency can be included in an offer. You might require that the
seller provide financing, paint the house to your satisfaction, or rent the
house until you are ready to move in. You might delay purchase until you
successfully sell your old home. You might even condition your offer on the
seller's agreement to equity share, or on your ability to find another equity
sharing investor.
Your offer and its contingencies will be accepted, rejected, or met with a
counteroffer. If and when you and the seller reach an agreement, you make a good
faith deposit of $20,00 or $30,000 to show your commitment to the transaction.
As more of the contingencies are satisfied, you will be expected to increase the
deposited amount.
ESCROW AND CLOSING
Title and Deeds
Title is legal ownership of real estate as shown in government records
of ownership. Title is established by a deed, the document that represents real
estate ownership. You will become the owner of your new home when the seller
signs a deed in your name, delivers it to you, and enters it in the government
records. At that point, you hold title to the property.
Escrow Agents
Most real estate transactions involve an escrow agent, a third party who acts
as a "neutral zone" between the buyer and buyer's lender and the
seller and seller's lender. escrow agents act on written escrow instructions form
each of these parties. If a conflict appears in any of the escrow instructions
received from either side of the transaction, the escrow agent cannot act until
the conflict is resolved.
The escrow agent performs different services for each party. For the buyer,
the escrow agent holds the good faith deposit and down payment until closing,
then delivers the deed and records the transaction in the government records.
For the seller, the escrow agent holds the deed until closing, then gives the
seller the sale price less any amount the seller owes on his old mortgage. For
the buyer's lender, the escrow agent holds the mortgage money until closing,
then creates the lender's lien by recording the mortgage in the government
records. For the seller's lender, the escrow agent collects the money the seller
still owes, then releases the property from the old mortgage lien by recording a
release document in the government records.
The Closing Process
The closing process begins at least a week before the actual closing. The
escrow agent gathers all the required documents and instructions from all four
parties. If there are no conflicts in the instructions, the escrow agent has the
seller sign the deed and has the buyer sign the mortgage documents and deposit
the down payment. The escrow agent then sends the signed mortgage documents to
the new lender for approval, and waits for the lender to return the approved
documents plus a check in the amount of the new mortgage. When he / she has
received all the money and all the documents, the money is dispersed, the
documents are delivered and recorded, and the closing process ends.
Title Insurance and Closing Costs
In many states, the role of escrow agent is assigned to a title company.
Title companies also provide title insurance, which reimburses the
buyer's lender and/or the buyer for any losses suffered if a third party claims
an interest in the property.
Closing costs, the expenses of a real estate transaction, generally
include:
- Inspection fees;
- Loan fees and points
- Escrow agent fees;
- Title insurance premiums;
- Government recording fees;
- Real estate agent commissions (paid by the seller);
- Transfer taxes or stamp fees (a tax based on a percentage of the sale
price).
Local customs vary as to how closing costs are split between the buyer and
seller. Often, in addition to his share of closing costs, the buyer must prepay
some portion of the insurance or property tax at closing.
WHAT IS EQUITY?
In real estate, equity is the difference between property value and mortgage
amount:
Property value - Mortgage amount = Equity
When you first buy a home, your equity is the amount of your down payment.
Over time, your equity changes as the property value rises or falls and as the
mortgage is paid down.
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Buyincomeproperties.