Kevin S. Sanders
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Vol. 2

WHAT EVERYONE NEEDS TO KNOW WHEN BUYING A HOME

by Kevin S. Sanders, Attorney-At-Law

No. 3
Copyright 1997 - 2004
 

Buying a home may be the biggest single investment of a person's lifetime. Thus, it is extremely important you, the prospective buyer, use the greatest caution in busying a home. For your protection, consult your family lawyer before you sign or buy. This can help you avoid trouble down the line.

The first paper you will receive as a prospective buyer by the real estate broker is the "purchase and sales contract." Few people realize that this paper is the most important step in purchasing a home....the details of this agreement determine what you buy and how you buy it. Before signing, read the agreement carefully and discuss with your family lawyer such items as:
bulletExactly what land, buildings and furnishings (stove, refrigerator, etc.) are included in your offer?
bulletWhat details regarding payments should be stated?
bulletWhen can you take possession?
bulletIs the seller to furnish you with a good, marketable title?
bulletWhich kind of deed should the seller give?
bulletWho pays for the examination of the title to the property in the event the offer is accepted? Who pays for the abstract of title or title insurance?
bulletHave utilities been installed and paid for?
bulletShould a surveyor be employed to determine whether the improvements are actually located on the property? Who should pay for the cost of the survey?
bulletIf a mortgage is given, who will pay the intangible tax on the mortgage?
bulletIf a a loan is to be obtained from an outside lender, who will pay the loan closing costs?
bulletIf termite damage is found, shall the seller pay the cost of repairs?
bulletWhat are the zoning regulations, or restrictions, on the use of the property?
bulletWhat is the time within which the purchase should be accepted or refused? Is the date of such acceptance to be vital to the offer?
bulletIf your offer is accepted, what steps should be taken with respect to insuring the improvements to protect you, the prospective purchaser, pending the final closing?
bulletWhat person (husbands and wives) should be required to sign and accept the offer?
bulletAre boundary lines properly specified?
bulletAre timber, mineral and water rights, if any, properly covered?
bulletWho is responsible for paying of taxes?
bulletHow should the agreement be executed to make it binding?
bulletWhat are the remedies if the buyer or seller defaults?
bulletShould the purchase be contingent on any outside matters such as the availability of financing on acceptable terms or the sale of the house which you presently own?
bulletWhose responsibility is it to pay for the broker?
bulletWhose responsibility is it to pay for governmental special assessments that arise prior to closing?

Your attorney may not be able to answer some of these questions, until examining many public records, including court and government files.

A real estate title is a right to partial or whole ownership to land and improvements upon the land. If you can prove your title against all the world, and if it is for whole ownership, it is a good title. If in addition the evidence or proof of ownership is contained in proper public records, it is a good record title. Ordinarily only a good record title is marketable. When purchasing a home, you should request a "marketable" whole title.

A warranty deed is a conveyance of title plus some warranties or guarantees. The usual guarantees or warranties by the seller are good title, freedom from encumbrance other than as excepted, and possession of buyer as against all others. These guarantees are not adequate protection since they are no better than the present and future financial responsibility of the seller. Title defects have a way of lying dormant for years and perplexing a buyer long after he has paid for the land and after the seller is dead.

A title examination is a must. This may seem to be a simple operation, but it is not, it requires interpreting numerous deeds, mortgages, wills, court decrees and other instruments to assure that the title is clear. A title examination can further be bolstered by issuing or obtaining an owner's policy of title insurance. This policy will protect the title against financial loss and cost of defending the title in court.

There are many steps between finding the home of your dreams, and the closing on the purchase of your dream. Closing a real estate sale is a technical and complex operation. As a careful buyer, you should insist that your attorney be present at the closing, checking each and every detail to avoid problems down the road.

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