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#1
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I assume most of you have their own home, that is why you might be able to give me an advice
I am buying a small house not in the best shape but anyway. Never owed
a house before. The real estate guy is nice but how honest and smart he is - I don't know. What do I have to do to handle this purchase as best as possible? What I know is that 1) I pay a deposit, (couple of thousands) and then monthly installments. So, I need a contact for that and a receipt, right? 2) What do I need to make sure that I really get the house? I sign a purchase agreement for the house? Who prepares it? Who signs it? 3) I pay the real estate guy or the owner? Or depends? 4) I need title insurance? When is the best to get it? Same day, I purchase the house? 5) What about a warranty deed? 6) Do I have to go to local agencies to inform them that I am the owner? Do I have to sign papers with them? 7) How can I find out if unpaid taxes or lien or other stuff is on the property? And do I need an insurance against that too? Did I forget something? Joe P.S. Thanks for the answers to the other thread with the noise reduction. Some gave good advice. |
#2
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I assume most of you have their own home, that is why you might be able to give me an advice
wrote in message
oups.com... I am buying a small house not in the best shape but anyway. Never owed a house before. The real estate guy is nice but how honest and smart he is - I don't know. What do I have to do to handle this purchase as best as possible? What I know is that 1) I pay a deposit, (couple of thousands) and then monthly installments. So, I need a contact for that and a receipt, right? 2) What do I need to make sure that I really get the house? I sign a purchase agreement for the house? Who prepares it? Who signs it? 3) I pay the real estate guy or the owner? Or depends? 4) I need title insurance? When is the best to get it? Same day, I purchase the house? 5) What about a warranty deed? 6) Do I have to go to local agencies to inform them that I am the owner? Do I have to sign papers with them? 7) How can I find out if unpaid taxes or lien or other stuff is on the property? And do I need an insurance against that too? Did I forget something? Joe P.S. Thanks for the answers to the other thread with the noise reduction. Some gave good advice. Because you are asking all these questions, you have established one or both of the following: - You are not asking your real estate agent any or enough questions. Any RE person who can't answer most/all of the questions is incompetent, and you need to find another one. - You need to ask 10 friends and/or coworkers which lawyer they used for their home purchase, and assuming at least one person says "Yeah - I liked the lawyer who helped me", you hire that lawyer. Prices will vary, but in upstate NY, the lawyer charged $400.00 for everything involved with my home purchase. |
#3
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I assume most of you have their own home, that is why you might be able to give me an advice
wrote in message oups.com... I am buying a small house not in the best shape but anyway. Never owed a house before. The real estate guy is nice but how honest and smart he is - I don't know. What do I have to do to handle this purchase as best as possible? What I know is that 1) I pay a deposit, (couple of thousands) and then monthly installments. So, I need a contact for that and a receipt, right? 2) What do I need to make sure that I really get the house? I sign a purchase agreement for the house? Who prepares it? Who signs it? 3) I pay the real estate guy or the owner? Or depends? 4) I need title insurance? When is the best to get it? Same day, I purchase the house? 5) What about a warranty deed? 6) Do I have to go to local agencies to inform them that I am the owner? Do I have to sign papers with them? 7) How can I find out if unpaid taxes or lien or other stuff is on the property? And do I need an insurance against that too? Did I forget something? Joe P.S. Thanks for the answers to the other thread with the noise reduction. Some gave good advice. You need a real estate lawyer and a mortgage banker. The two of them will do all the work. You'll just show up and sign papers (and checks!) at the closing. |
#4
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I assume most of you have their own home, that is why you might be able to give me an advice
wrote in message oups.com... |I am buying a small house not in the best shape but anyway. Never owed | a house before. | | The real estate guy is nice but how honest and smart he is - I don't | know. he is sly and works for the seller | | What do I have to do to handle this purchase as best as possible? make sure the realtor makes your 1st offer known to the seller. they tend to negotiate for their own pockets. | | What I know is that | | 1) I pay a deposit, (couple of thousands) and then monthly | installments. So, I need a contact for that and a receipt, right? receipt for deposit...........always. it will be taken into consideration at the closing. | | 2) What do I need to make sure that I really get the house? I sign a | purchase agreement for the house? Who prepares it? Who signs it? sign P&S Agreement contingent on a home and pest inspection. | | 3) I pay the real estate guy or the owner? Or depends? depends on the circumstances. | | 4) I need title insurance? When is the best to get it? Same day, I | purchase the house? | 5) What about a warranty deed? | | 6) Do I have to go to local agencies to inform them that I am the | owner? Do I have to sign papers with them? | | 7) How can I find out if unpaid taxes or lien or other stuff is on the | property? And do I need an insurance against that too? | | Did I forget something? hire a lawyer | | Joe | | P.S. Thanks for the answers to the other thread with the noise | reduction. Some gave good advice. | |
#5
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I assume most of you have their own home, that is why you might be able to give me an advice
On Mar 25, 12:05 am, wrote:
I am buying a small house not in the best shape but anyway. Never owed a house before. The real estate guy is nice but how honest and smart he is - I don't know. What do I have to do to handle this purchase as best as possible? What I know is that 1) I pay a deposit, (couple of thousands) and then monthly installments. So, I need a contact for that and a receipt, right? 2) What do I need to make sure that I really get the house? I sign a purchase agreement for the house? Who prepares it? Who signs it? 3) I pay the real estate guy or the owner? Or depends? 4) I need title insurance? When is the best to get it? Same day, I purchase the house? 5) What about a warranty deed? 6) Do I have to go to local agencies to inform them that I am the owner? Do I have to sign papers with them? 7) How can I find out if unpaid taxes or lien or other stuff is on the property? And do I need an insurance against that too? Did I forget something? Joe P.S. Thanks for the answers to the other thread with the noise reduction. Some gave good advice. Others have given good advice on mortgage broker and lawyer, but, I would add that you might want a separate property inspection to see what it might cost you to fix house that is "not in the best shape." Otherwise you could be buying a money pit. Frank |
#6
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I assume most of you have their own home, that is why you might be able to give me an advice
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#8
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I assume most of you have their own home, that is why you might be able to give me an advice
On Mar 25, 8:08 am, Phisherman wrote:
On 24 Mar 2007 22:05:12 -0700, wrote: I am buying a small house not in the best shape but anyway. Never owed a house before. The real estate guy is nice but how honest and smart he is - I don't know. What do I have to do to handle this purchase as best as possible? What I know is that 1) I pay a deposit, (couple of thousands) and then monthly installments. So, I need a contact for that and a receipt, right? Your contact is the real estate agent. He will explain all the paperwork and procedures. Yes, the real estate agent can explain things, but I wouldn't rely on a real estate agent, who is working for the seller, to explain contract terms and what is or isn't in my best interest as buyer. For that, as others have suggested, you should have a lawyer. 2) What do I need to make sure that I really get the house? I sign a purchase agreement for the house? Who prepares it? Who signs it? Make sure the contract is reviewed by your lawyer BEFORE you sign it. Legally, you take possession of the house immediately following the closing. Unless you pay for it in full the lender legally owns the house until your mortgage is paid. In most parts of the US, this isn't true. The mortgage holder has a first lien on the property, but you in fact own it. If someone slips and falls, they are going to sue you as property owner, not the bank holding the mortgage. You and the seller can put whatever you want in the purchase agreement--the real estate lawyer makes sure everything is legal. Papers are signed at the closing. This is where real estate agent, seller, owner, lending agency, and lawyer are present. Each state has slightly different laws. Beyond what is legal, it's equally important that the contract be fair, or favorable to you as buyer. For example, you could sign a contract with no inspection or financing contingency. Perfectly legal, but very bad for you, if you're a typical buyer. 3) I pay the real estate guy or the owner? Or depends? Ask him. I brought my (cashiers) check to the closing. Typically the closing is handled by one of the attorneys, a title insurance company, or similar. They will tell you how much to bring and who to make it out to. 4) I need title insurance? When is the best to get it? Same day, I purchase the house? Maybe. I didn't feel like paying $1000. If you're getting a mortgage from a lender other than the seller, then you are definitely going to need title insurance to get the mortgage. And I think it's foolish not to get insurance anyway. It guarantees that you have clear title to the property. Without it, some party you never heard of could show up years later claiming that they have a lien or actually own the property, and the problem is yours. 5) What about a warranty deed? You get that if you buy from a builder (new construction). Usually there are no warranties for a used house. No, a warranty deed is a basic form of deed, where the seller guarantees that he has clear title to the property being sold. It has nothing to do with a new home warranty. 6) Do I have to go to local agencies to inform them that I am the owner? Do I have to sign papers with them? No. In fact, I asked my real estate agent to keep my sale private if possible. Hmmm, how is that possible? Everywhere I'm aware of the deed has to be recorded. Besides recording and protecting your ownership, it also is how govts know who is going to pay tax on the property. As buyer, this step is normally performed by whoever handles the closing. You don't have to do it yourself. And usually there are some fees included in the closing to handle charges to get it recorded. 7) How can I find out if unpaid taxes or lien or other stuff is on the property? And do I need an insurance against that too? The lawyer does the checking. A title search is performed, usually by the title insurance company, who is engaged by your lawyer. And the questions about liens, taxes, etc is why you should have title insurance. Because if something is missed in the search and later surfaces, with title insurance, it becomes the title insurance company's problem to straighten out, pay, etc. Without it, it's YOUR problem. Did I forget something? Termite inspection. House inspection is a good thing. A house will require lots of money and buying things you never thought you would have to buy; be prepared. If you pay under 20% down you need to pay yearly mortgage insurance. Avoid it--why pay an extra $1000 per year? |
#9
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I assume most of you have their own home, that is why you might be able to give me an advice
wrote I am buying a small house not in the best shape but anyway. Never owed a house before. I'm going to assume you're in the US. The real estate guy is nice but how honest and smart he is - I don't know. As someone else said, he does not work for you, he works for the seller and is paid by the seller. You need your own inspector to find out what needs to be fixed. What do I have to do to handle this purchase as best as possible? What I know is that 1) I pay a deposit, (couple of thousands) and then monthly installments. So, I need a contact for that and a receipt, right? You will need more than a down payment (what you call deposit). Things have changed since I have closed on a home, but there will be many more fees. You need to talk to a mortgage broker and get a truth in lending document. If you put down less than 20% of the price of the house, you will have to get what is called PMI, private mortgage insurance. You can prepay that or pay for it every month. I have never heard of anyone calling mortgage payments installments, it makes me think you really need to find out more about house buying before you sign anything. You need to know what your property taxes will be. You'll have to pay utilities. Homeowner's insurance. The mortgage company will want some money in escrow for taxes and homeowner's insurance payments. Can you afford all of that? 2) What do I need to make sure that I really get the house? I sign a purchase agreement for the house? Who prepares it? Who signs it? 3) I pay the real estate guy or the owner? Or depends? You have a closing at which the house will be turned over to you. The lawyer will tell you who to make the checks out to. 4) I need title insurance? When is the best to get it? Same day, I purchase the house? The mortgage company will arrange for that before you close. The idea is to make sure the people you are buying the house from actually own the house and that their aren't any liens on it. You will pay the mortgage company for that, it's one of the fees I mentioned. 5) What about a warranty deed? Off the top of my head, I can't think what that is. 6) Do I have to go to local agencies to inform them that I am the owner? Do I have to sign papers with them? I don't think you have to sign anything, and the mortgage company will have your tax bills sent directly to them. Ditto with your homeowner's insurance bill. 7) How can I find out if unpaid taxes or lien or other stuff is on the property? And do I need an insurance against that too? That is title insurance. Did I forget something? Don't fall for those interest only mortgages, if you can't afford the house with a regular mortgage, usually you should not be buying one. Good luck, I hope it works out for you. Please get yourself a book or something on buying real estate. I know Consumer Reports used to have a good one, told you everything to look for when picking out a house, plus the ins and outs of getting a mortgage. nancy |
#10
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I assume most of you have their own home, that is why you might be able to give me an advice
On Mar 25, 8:38 am, Nate Nagel wrote:
wrote: I am buying a small house not in the best shape but anyway. Never owed a house before. The real estate guy is nice but how honest and smart he is - I don't know. What do I have to do to handle this purchase as best as possible? What I know is that 1) I pay a deposit, (couple of thousands) and then monthly installments. So, I need a contact for that and a receipt, right? 2) What do I need to make sure that I really get the house? I sign a purchase agreement for the house? Who prepares it? Who signs it? 3) I pay the real estate guy or the owner? Or depends? 4) I need title insurance? When is the best to get it? Same day, I purchase the house? 5) What about a warranty deed? 6) Do I have to go to local agencies to inform them that I am the owner? Do I have to sign papers with them? 7) How can I find out if unpaid taxes or lien or other stuff is on the property? And do I need an insurance against that too? Did I forget something? Joe P.S. Thanks for the answers to the other thread with the noise reduction. Some gave good advice. If the house is "not in the best of shape" I would get a *good* home inspector out to look at the house. Get your realtor to structure your offer so that it allows you room to renegotiate and/or back out of the deal if it turns out that he uncovers some issues of which you were not previously aware. Very bad advice. By all appearances, the real estate agent he is dealing with represents the seller, not him. The agent is there to get the property sold for the seller and earn their commission. The one who should be structuring the purchase agreement that spells out contigency clauses to get out of the deal should be his lawyer, who represents his interests. It sounds like you're not 100% confident in your abilities and I don't mean that in a derogatory way, it just would be a good idea to get some professional input so you can estimate what work you need to do to get it in shape and estimate cost of repairs you don't want to do yourself. Also keep in mind that there will probably still be one or two things that even he won't find... good luck! nate -- replace "roosters" with "cox" to reply.http://members.cox.net/njnagel- Hide quoted text - - Show quoted text - |
#11
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I assume most of you have their own home, that is why you might be able to give me an advice
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#12
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I assume most of you have their own home, that is why you might be able to give me an advice
On Sun, 25 Mar 2007 10:09:03 -0400, "Nancy Young"
wrote: Don't fall for those interest only mortgages, if you can't afford the house with a regular mortgage, usually you should not be buying one. Yes, for sure. A million homes foreclosed last year, representing I guess about 4 million people, over 1% of the population, in just one year. Millions more expected in years to come. Of course that is because this is the first big? downturn in the economny or interest rate increase since they started writing in this case, I think most were adjustable rate mortgages. ARM's with no fixed interest rates. Didn't interest only come later, so we will soon see many foreclosures (and evictions of course) on those. Because those people are paying even less. Even ARM's applied something to the principal every month, although it is almost all interest for the first years. I'm almost always an optimist, but imagining that interest rates won't go up is not just optimism, it's foolish dreaming, |
#13
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I assume most of you have their own home, that is why you might be able to give me an advice
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#14
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I assume most of you have their own home, that is why you might be able to give me an advice
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#15
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I assume most of you have their own home, that is why you might be able to give me an advice
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#16
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I assume most of you have their own home, that is why you might be able to give me an advice
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#17
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I assume most of you have their own home, that is why you might be able to give me an advice
On Sun, 25 Mar 2007 12:34:07 -0400, mm
wrote: 1) I pay a deposit, (couple of thousands) and then monthly installments. So, I need a contact for that and a receipt, right? You should never buy a house on installments. What you want is a deed, and since you don't have enough money to pay for the whole house at once, a mortgage. To enlarge on this, the only place i know where a lot of people bought houses on installments was in Chicago, until the '70's, and the only people who had to do this were Black people. The lenders would not take mortgages from Black home buyers, even if they had good jobs, had been at their jobs a long time, and had good credit history. That's what made it racism and not economic disparity. So they were forced to buy a house like one buys a car, and if they missed a payment, like a car, the home could be repossessed, which takes little time, unlike foreclosure where people have months to get a new job or scrounge the owed money from someone. |
#18
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I assume most of you have their own home, that is why you might be able to give me an advice
On Sun, 25 Mar 2007 13:08:30 GMT, Phisherman wrote:
On 24 Mar 2007 22:05:12 -0700, wrote: I am buying a small house not in the best shape but anyway. Never owed a house before. The real estate guy is nice but how honest and smart he is - I don't know. What do I have to do to handle this purchase as best as possible? What I know is that 1) I pay a deposit, (couple of thousands) and then monthly installments. So, I need a contact for that and a receipt, right? Your contact is the real estate agent. He will explain all the paperwork and procedures. 2) What do I need to make sure that I really get the house? I sign a purchase agreement for the house? Who prepares it? Who signs it? Legally, you take possession of the house immediately following the closing. Unless you pay for it in full the lender legally owns the house until your mortgage is paid. You and the seller can put whatever you want in the purchase agreement--the real estate lawyer makes sure everything is legal. Papers are signed at the closing. This is where real estate agent, seller, owner, lending agency, and lawyer are present. Each state has slightly different laws. 3) I pay the real estate guy or the owner? Or depends? Ask him. I brought my (cashiers) check to the closing. 4) I need title insurance? When is the best to get it? Same day, I purchase the house? Maybe. I didn't feel like paying $1000. That will depend on what your mortgage company requires, *YOU* don't want title insurance at all. You just want the results of a title search. But if you're borrowing money from a major corp. You probably have no choice. 5) What about a warranty deed? You get that if you buy from a builder (new construction). Usually there are no warranties for a used house. You're confused. A warranty deed is as opposed to a quit-claim deed. It's sort of like title insurance from the previous owner. With a warranty deed the seller is guaranteeing that he actually own all the property and rights that he's selling you. With a quit-claim deed, he's just selling you whatever rights he happens to have, and if someone else shows up with a land-grant from the king of france giving HIM ownership, that's your problem. If you're buying land from a family that's been living there for 200 years, and you plan to die in place, there's not much to choose between. If you're buying the place and expect to sell it again on five years, a lot of people are more comfortable with a warranty deed. If there's any question at all about clear title, you want a warranty deed, because then the SELLER gets to pay for the court fight. Goedjn |
#19
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I assume most of you have their own home, that is why you might be able to give me an advice
6) Do I have to go to local agencies to inform them that I am the owner? Do I have to sign papers with them? No. In fact, I asked my real estate agent to keep my sale private if possible. Hmmm, how is that possible? Everywhere I'm aware of the deed has to be recorded. Besides recording and protecting your ownership, it also is how govts know who is going to pay tax on the property. As buyer, this step is normally performed by whoever handles the closing. You don't have to do it yourself. And usually there are some fees included in the closing to handle charges to get it recorded. I'm pretty sure that you can file all the right papers with just the name of an agent, who will then be expected to handle all the paperwork, and field any claims by people who break their legs on the property. Alternatively, you could buy it in the name of a trust, foundation, or business, which happens to be controlled by you. The municipality can certainly force the agent to reveal the ultimate owner, although they might need a court order to do it. --Goedjn THese days the hard trick is moving enough money to buy the place without having to do federal paperwork to show where the money came from and went. |
#20
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I assume most of you have their own home, that is why you might be able to give me an advice
On Mar 26, 9:37 am, Goedjn wrote:
On Sun, 25 Mar 2007 13:08:30 GMT, Phisherman wrote: On 24 Mar 2007 22:05:12 -0700, wrote: I am buying a small house not in the best shape but anyway. Never owed a house before. The real estate guy is nice but how honest and smart he is - I don't know. What do I have to do to handle this purchase as best as possible? What I know is that 1) I pay a deposit, (couple of thousands) and then monthly installments. So, I need a contact for that and a receipt, right? Your contact is the real estate agent. He will explain all the paperwork and procedures. 2) What do I need to make sure that I really get the house? I sign a purchase agreement for the house? Who prepares it? Who signs it? Legally, you take possession of the house immediately following the closing. Unless you pay for it in full the lender legally owns the house until your mortgage is paid. You and the seller can put whatever you want in the purchase agreement--the real estate lawyer makes sure everything is legal. Papers are signed at the closing. This is where real estate agent, seller, owner, lending agency, and lawyer are present. Each state has slightly different laws. 3) I pay the real estate guy or the owner? Or depends? Ask him. I brought my (cashiers) check to the closing. 4) I need title insurance? When is the best to get it? Same day, I purchase the house? Maybe. I didn't feel like paying $1000. That will depend on what your mortgage company requires, *YOU* don't want title insurance at all. You just want the results of a title search. But if you're borrowing money from a major corp. You probably have no choice. So, say he buys the house for cash, with no title insurance. What happens when a couple years later someone shows up with a lien on the property that was missed during the title search? Or the spouse of the person who sold it to him shows up, saying the property was really theirs and the seller committed fraud, the deed that was filed wasn't real, etc? The buyer needs title insurance, regardless of whether they have a mortgage or not. 5) What about a warranty deed? You get that if you buy from a builder (new construction). Usually there are no warranties for a used house. You're confused. A warranty deed is as opposed to a quit-claim deed. It's sort of like title insurance from the previous owner. With a warranty deed the seller is guaranteeing that he actually own all the property and rights that he's selling you. With a quit-claim deed, he's just selling you whatever rights he happens to have, and if someone else shows up with a land-grant from the king of france giving HIM ownership, that's your problem. If you're buying land from a family that's been living there for 200 years, and you plan to die in place, there's not much to choose between. If you're buying the place and expect to sell it again on five years, a lot of people are more comfortable with a warranty deed. If there's any question at all about clear title, you want a warranty deed, because then the SELLER gets to pay for the court fight. Goedjn- Hide quoted text - No, you want title insurance, because then it's the title insurance company's problem and costs, to straighten out, not yours. Suppose the seller has moved across the country or even worse to another country, is dead, etc? How easy do you think it's going to be to recover anything from his "warranty deed" or get him to handle the legal problem? The warranty is only as good as the person behind it. Even if he's living across town, he could have no assets, be judgement proof, and just say "screw you." |
#21
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I assume most of you have their own home, that is why you might be able to give me an advice
On Mar 25, 1:05 am, wrote:
I am buying a small house not in the best shape but anyway. Never owed a house before. The real estate guy is nice but how honest and smart he is - I don't know. Is he your real estate agent, or the seller's? A real estate agent's role is to represent their client's best interests. You should not be dealing directly with the seller's agent unless you feel capable of negotiating the best deal possible and know the ins and outs of real estate law in your state. The fact you're asking questions in this forum says you're not even remotely familiar with the real estate process and have your work cut out for you. But that's OK! Your situation is why we have real estate agents. Real estate law is a confusing tangle of rules, laws, traditions, etc., and is more complicated than any of us can really deal with on our own. Real estate agents are not fast-talking slicky-boys out to bilk clients (OK, some are, but they're the exception!); rather they are people who have studied the laws and strategies, have passed exams and are licensed by the state to represent you and your best interests in either selling or buying a house. You need your own real estate agent. If the agent of which you speak is your agent, you have to ask yourself why you haven't asked these questions of him. Do you not trust him to represent your interests? Do you not like his personality? Do you not trust yourself? You have some serious systemic misgivings here, and I would advise you to find someone you trust to help you through this process. Yeah, buying a home the first time is a frightening process not only because of the size of the purchase but because of the mountains of details and legal obligations. I know; I went through it last year. Thank God this was the third time for my wife, so she kept me sane. But it also helped we found a real estate agent we felt was working hard to help us, who wasn't pushing us to buy larger than we could afford, who gave us good advice in what we were looking to buy, and who had a good eye. Because you have myriad questions whose answers are not universal or even national, you really do need to talk with a professional in your area. You can't get your questions answered here because real estate laws vary from state to state. For example, in Delaware you cannot do a residential real estate settlement through a title company; you must use a lawyer. Not so in Maryland. In Maryland a real estate agent is allowed to represent both seller and buyer; Delaware sees that as a conflict of interest and requires separate real estate agents for both parties. Talk with people you know and trust about who they have used as real estate agents and would they use them again. Don't just call someone out of the phone book or based on their ad in the real estate section of your newspaper. Many real estate agents now have websites where you can take a look at who they are and how they present themselves and see if you're comfortable approaching them. There are lots of possibilities out there, but you have some serious thinking and homework to do before you're even ready to consider buying a house. |
#22
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I assume most of you have their own home, that is why you might be able to give me an advice
In article .com,
"Kyle" wrote: But that's OK! Your situation is why we have real estate agents. Real estate law is a confusing tangle of rules, laws, traditions, etc., and is more complicated than any of us can really deal with on our own. Real estate agents are not fast-talking slicky-boys out to bilk clients (OK, some are, but they're the exception!); rather they are people who have studied the laws and strategies, have passed exams and are licensed by the state to represent you and your best interests in either selling or buying a house. Admittedly it has been a few years since I bought a house, but at the time it was told to me that the Real Estate agent BY LAW was the agent of the seller no matter if he was working with buyer or not and thus was legally beholden to the seller and couldn't suggest to you things that might be in your best interests if was not in the best interests of the seller. Has this changed nationally, or at least how would someone find out if this is a concern in their state? Is this something the neophyte we are talking to should find out about? |
#23
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I assume most of you have their own home, that is why you might be able to give me an advice
On Mon, 26 Mar 2007 16:05:12 GMT, Kurt Ullman
wrote: Admittedly it has been a few years since I bought a house, but at the time it was told to me that the Real Estate agent BY LAW was the agent of the seller no matter if he was working with buyer or not and thus was legally beholden to the seller and couldn't suggest to you things that might be in your best interests if was not in the best interests of the seller. I can't help thinking that the unspoken words here were "in the absence of a written agency agreement between the prospective buyer and the agent." That even if the agent says "I'll be helping you.... Mr. Scott said I should work with you... BY LAW the agent is NOT the buyer's agent. But I'm sure the general concept of agent and agency has existed in English law for longer than laws like the one you refer to, and I would be surprised if any real estate law excluded it here. I'd be surprised if it prevented anyone from hiring an agent to represent him, in any dealing, and if that agent knew something about real estate, that would be fine too. Unlike most contracts, contracts for the purchase of real estate must be in writing. So the notion exists that certain contracts have to be in writing, and a seller's hiring a real estate agent could be one of them. IANAL. Has this changed nationally, or at least how would someone find out if this is a concern in their state? Is this something the neophyte we are talking to should find out about? |
#24
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I assume most of you have their own home, that is why you might be able to give me an advice
In article ,
mm wrote: On Mon, 26 Mar 2007 16:05:12 GMT, Kurt Ullman wrote: Admittedly it has been a few years since I bought a house, but at the time it was told to me that the Real Estate agent BY LAW was the agent of the seller no matter if he was working with buyer or not and thus was legally beholden to the seller and couldn't suggest to you things that might be in your best interests if was not in the best interests of the seller. I can't help thinking that the unspoken words here were "in the absence of a written agency agreement between the prospective buyer and the agent." At least in Indiana at the time, as it was explained to me, there was no such thing legally as a buyer's agent. Period. Exclamation point. I also remember a few years ago when I was looking in FL signing a document that stated basically the same thing.. although in the interim they must have changed the law because the last time we were thinking about locating to the Sunshine, this wasn't invoked. |
#25
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I assume most of you have their own home, that is why you might be able to give me an advice
That will depend on what your mortgage company requires, *YOU* don't want title insurance at all. You just want the results of a title search. But if you're borrowing money from a major corp. You probably have no choice. So, say he buys the house for cash, with no title insurance. What happens when a couple years later someone shows up with a lien on the property that was missed during the title search? Or the spouse of the person who sold it to him shows up, saying the property was really theirs and the seller committed fraud, the deed that was filed wasn't real, etc? The buyer needs title insurance, regardless of whether they have a mortgage or not. That's what the title search is supposed to find. The odds of the title search missing something that the title insurance will actually cover are extrememly low. That's why title insurance is profitable. |
#26
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I assume most of you have their own home, that is why you mightbe able to give me an advice
Many banks and Savings & Loans offer free classes on buying a home.
Obviously, they want you to borrow money from them but there's no obligation to do so. Classes like these will give you the most basic info on how to get started and who is responsible for doing what. If you haven't already, you might ask your bank how much they'll lend you - then you've got some idea of what you can afford. Google How to buy a home + state name. If you've decided that the house you refer to is the one for you and you need to act quickly, get a lawyer, though as many have remarked, in many states all the legal papers are routinely drawn up by the RE agents. wrote: I am buying a small house not in the best shape but anyway. Never owed a house before. The real estate guy is nice but how honest and smart he is - I don't know. What do I have to do to handle this purchase as best as possible? What I know is that 1) I pay a deposit, (couple of thousands) and then monthly installments. So, I need a contact for that and a receipt, right? 2) What do I need to make sure that I really get the house? I sign a purchase agreement for the house? Who prepares it? Who signs it? 3) I pay the real estate guy or the owner? Or depends? 4) I need title insurance? When is the best to get it? Same day, I purchase the house? 5) What about a warranty deed? 6) Do I have to go to local agencies to inform them that I am the owner? Do I have to sign papers with them? 7) How can I find out if unpaid taxes or lien or other stuff is on the property? And do I need an insurance against that too? Did I forget something? Joe P.S. Thanks for the answers to the other thread with the noise reduction. Some gave good advice. |
#27
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I assume most of you have their own home, that is why you might be able to give me an advice
On Mar 26, 3:45 pm, Goedjn wrote:
That will depend on what your mortgage company requires, *YOU* don't want title insurance at all. You just want the results of a title search. But if you're borrowing money from a major corp. You probably have no choice. So, say he buys the house for cash, with no title insurance. What happens when a couple years later someone shows up with a lien on the property that was missed during the title search? Or the spouse of the person who sold it to him shows up, saying the property was really theirs and the seller committed fraud, the deed that was filed wasn't real, etc? The buyer needs title insurance, regardless of whether they have a mortgage or not. That's what the title search is supposed to find. Supposed to is the operative word here. And a title search will only find what has been recorded. For example, suppose the seller was a crook and sold the same property to two other people at the same time. It can take a week or so for the title change to be recorded. The odds of the title search missing something that the title insurance will actually cover are extrememly low. That's why title insurance is profitable.- Hide quoted text - The same can be said of fire insurance. Should he skip that too? |
#28
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I assume most of you have their own home, that is why you might be able to give me an advice
On Mon, 26 Mar 2007 10:37:07 -0400, Goedjn wrote:
4) I need title insurance? When is the best to get it? Same day, I purchase the house? Maybe. I didn't feel like paying $1000. That will depend on what your mortgage company requires, *YOU* don't want title insurance at all. You just want See below. the results of a title search. But if you're borrowing money from a major corp. You probably have no choice. Why do you suppose the major corp. wants him to get title insurance? In case he doesn't have good title and/or someone else challenges it. That's the same reason the buyer should want title insurance. Whether he wants to act as a self-insurer or not, one shouldn't tell him that there is no risk. The title insurance company does a title search to lower its risk -- and I'm sure one can pay for a title search without the title insurance. The records are public. One can go back there himself, look in drawers, get copies made, etc. though I'm sure a newbie woulldn't find everything -- but there is still some risk in writing insurance, risk that they will have to pay out, because even a pro might not find everything, especially if it is not there. Whether title insurance is more expensive for the risk than other insurance, I don't know, but I'm sure there are reports on that. If it was an especially good deal, why aren't there competitors selling title insurance for less? Even if the reports don't do cost/benefit, there must be figures on how many title claims are brought, and how many are successful, and maybe how much the legal costs are, on average. One shouldn't bother insuring a 10 dollar, or even a 100 dollar package sent by mail**, because one can act as a self-insurer and the odds are he will make the same profit that the other insurer makes, and if not, he can afford to bear the loss. One should only insure for losses he can't afford to bear, and the legal fees to defend a title claim, or the loss of the house are things most people can't afford to bear. **Unless he believes the post office etc. will take better care of something that is insured, so he faces less risk of losing it in the first place. I don't know if they do or not. |
#29
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I assume most of you have their own home, that is why you might be able to give me an advice
In article , mm wrote:
On Mon, 26 Mar 2007 10:37:07 -0400, Goedjn wrote: 4) I need title insurance? When is the best to get it? Same day, I purchase the house? Maybe. I didn't feel like paying $1000. That will depend on what your mortgage company requires, *YOU* don't want title insurance at all. You just want See below. the results of a title search. But if you're borrowing money from a major corp. You probably have no choice. Why do you suppose the major corp. wants him to get title insurance? In case he doesn't have good title and/or someone else challenges it. Because the corporate lender benefits from lower exposure at ZERO cost. Heh, why wouldn't you get ***** [anything] if you can strongarm someone else into picking up your tab. That's the same reason the buyer should want title insurance. Except that the buyer needs to balance the benefit against the actual cost. Having said all that, I would not personally skip the title insurance. But that doesn't mean it isn't something of a scam -- it is. In CA at least, quite a few title companies have been clobbered by the state for some very shady dealings. -- |~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~| | Malcolm Hoar "The more I practice, the luckier I get". | | Gary Player. | | http://www.malch.com/ Shpx gur PQN. | ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ |
#30
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I assume most of you have their own home, that is why you might be able to give me an advice
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#31
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I assume most of you have their own home, that is why you might be able to give me an advice
On Tue, 27 Mar 2007 00:45:29 -0400, mm
wrote: On Mon, 26 Mar 2007 10:37:07 -0400, Goedjn wrote: 4) I need title insurance? When is the best to get it? Same day, I purchase the house? Maybe. I didn't feel like paying $1000. That will depend on what your mortgage company requires, *YOU* don't want title insurance at all. You just want See below. the results of a title search. But if you're borrowing money from a major corp. You probably have no choice. Why do you suppose the major corp. wants him to get title insurance? Because they don't have to pay for it, so it's low return for zero outlay. |
#32
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I assume most of you have their own home, that is why you might be able to give me an advice
On Tue, 27 Mar 2007 11:22:40 -0400, Goedjn wrote:
On 26 Mar 2007 18:39:50 -0700, wrote: On Mar 26, 3:45 pm, Goedjn wrote: That will depend on what your mortgage company requires, *YOU* don't want title insurance at all. You just want the results of a title search. But if you're borrowing money from a major corp. You probably have no choice. So, say he buys the house for cash, with no title insurance. What happens when a couple years later someone shows up with a lien on the property that was missed during the title search? Or the spouse of the person who sold it to him shows up, saying the property was really theirs and the seller committed fraud, the deed that was filed wasn't real, etc? The buyer needs title insurance, regardless of whether they have a mortgage or not. That's what the title search is supposed to find. Supposed to is the operative word here. And a title search will only find what has been recorded. For example, suppose the seller was a crook and sold the same property to two other people at the same time. It can take a week or so for the title change to be recorded. The odds of the title search missing something that the title insurance will actually cover are extrememly low. That's why title insurance is profitable.- Hide quoted text - The same can be said of fire insurance. Should he skip that too? If you can survive the loss without it, yes. But applying that to your property's title, who can survive the loss of that? It's not just the house, minus the contents, but the land too. The title insurance premium is only paid once. Fire insurance, every year. |
#33
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I assume most of you have their own home, that is why you might be able to give me an advice
On Fri, 30 Mar 2007 01:14:14 -0400, mm
wrote: On Tue, 27 Mar 2007 11:22:40 -0400, Goedjn wrote: On 26 Mar 2007 18:39:50 -0700, wrote: On Mar 26, 3:45 pm, Goedjn wrote: That will depend on what your mortgage company requires, *YOU* don't want title insurance at all. You just want the results of a title search. But if you're borrowing money from a major corp. You probably have no choice. So, say he buys the house for cash, with no title insurance. What happens when a couple years later someone shows up with a lien on the property that was missed during the title search? Or the spouse of the person who sold it to him shows up, saying the property was really theirs and the seller committed fraud, the deed that was filed wasn't real, etc? The buyer needs title insurance, regardless of whether they have a mortgage or not. That's what the title search is supposed to find. Supposed to is the operative word here. And a title search will only find what has been recorded. For example, suppose the seller was a crook and sold the same property to two other people at the same time. It can take a week or so for the title change to be recorded. The odds of the title search missing something that the title insurance will actually cover are extrememly low. That's why title insurance is profitable.- Hide quoted text - The same can be said of fire insurance. Should he skip that too? If you can survive the loss without it, yes. But applying that to your property's title, who can survive the loss of that? It's not just the house, minus the contents, but the land too. The title insurance premium is only paid once. Fire insurance, every year. It's also a protection against a nonexistant threat. |
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