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Why
Should I sign a Buyer's Agreement?
Our sellers sign a listing agreement with us, hiring us to sell
their home. We ask buyers to sign a Buyer's Agreement, hiring
us to find them their dream home. Again, there are no costs associated
with it. As we make a commitment to work with you and provide
to you the best service available, we are asking you to make a
commitment to work with us.
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What
do I have to expect when making an offer on a short sale?
In a short sale, the lender will accept less than the mortgage
pay-off. Just because the seller might accept your offer doesn’t
mean the lender will accept it too. The seller DOES NOT need to
be in default for the lender to accept a short sale. A lender
might consider a short sale if the seller is current on mortgage
payments but the property value has fallen. The seller may have
over-encumbered, owe more than the home is worth, so a discounted
price might bring the price in line with market value, not below
it. A lender is not going to agree to a short sale unless the
seller has no equity and is unable to repay the difference between
your sales price and the existing loans. Sellers need to provide
a hardship letter to the lender. Sellers may also owe taxes on
the amount of debt that is forgiven. In a short sale, the seller
receives no money because the lender is losing money.
Your
agent should find out who is in title, whether a foreclosure notice
has been filed and how much is owed to the lender(s). This is
important because it will help you to determine how much to offer.
If there are two loans, you could have a problem. The first mortgage
lender's position is protected by the second lender, unless the
second lender does not want to foreclose. If a seller owes $150,000
on the first and $30,000 on the second, offering $150,000 leaves
nothing for the second. The first will need to give something
to the second to gain its cooperation.
Once
the seller has accepted your offer, your agent will submit all
required documents such as pre-approval from your lender, copy
of earnest money deposit, comparable sales to support your offer
to the listing agent, who will in return submit the entire package
to the lender. Do not be astonished if the lender asks you to
increase your earnest money deposit.
Your
offer should be contingent upon the lender’s acceptance. Give
the lender a time frame in which to respond, after which, you
will be free to cancel. If the lender is under no pressure to
make a decision, the paperwork will sit on an underling's desk.
Regardless
of the commission the seller has agreed to pay, the lender is
actually the entity paying the commission. The reason is the seller
is not receiving any money with which to pay a commission. Since
the lender is losing money, the lender will likely negotiate the
commission directly with the listing broker, who will then share
the commission with your agent. If you have signed a buyer's broker
agreement with your agent, ask if the agent will waive the difference
due or you might have to pay it out of your pocket. Some brokers
feel it is unfair to penalize the agent, but the lender is calling
the shots.
Generally,
the lender will not pay for customary items that a seller would
pay. These include home protection plans for the buyer, buyer
credits of any kind and pest / termite inspections. A buyer will
be asked to purchase the property "as is," which means no repairs.
It is extremely important that a buyer obtain a home inspection
and pay for other types of inspections such as pest, roof, sewers,
septic tanks etc. Do not waive your right to obtain these inspections
and make your offer contingent on approving them.
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