What are contingencies for a home purchase and home buyer inspection?

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In the purchase contract your contingencies are those items that determine if you still like the home, accept the value and choose to proceed with the purchase.  I listed the three types below.  Their purpose is to provide a set time period for you, the home buyer, to investigate the property condition, title history and to secure financing.

The common contingency periods are 10- 17 days.  The clock starts at the ratification date of the contract or when your purchase offer is signed and acknowledged by all parties.

  • Property Condition
  • Financing
  • Title Conditions

These are the most common contingencies found in your purchase contract.  They are not required , however your contract should have one or more of these the contingencies.   Which contingencies, is dependent upon the structure of your particular home purchase offer.  The following details their significance to help you avoid the most serious consequences.

Property Condition: This is usually based on reports like the home buyer property inspection, the termite report, roof report and, when applicable, the fireplace or masonry report.

removing home buyer contingencies

You may order any number of inspections you deem necessary.   Inspections for rural property would be far more extensive than those necessary for a home in the suburbs or condominium.  Raw land (dirt) properties require the most intensive inspection process.  This would include septic or perk, utility soil, geological etc.

Loan Contingency: The loan approval or financing contingency is used to give you time to gain your loan approval.  There is an additional element, the appraisal.  These should be tied together.  If the home you want to buy appraises at a value equal or in excess of your offer you won’t have any problem.

The appraisal contingency can cause a problem if it is incorrectly used in the contract.   What if  the home does not appraise for the amount you offered and you removed your loan contingency?  For example, you received your loan approval subject to the appraisal and you removed your loan contingency.   What if the home appraisal did not meet the offer price you and the seller agreed on?

You would likely find yourself in a pickle.   It would be up to you to find a way to cover the difference in price.   Not a fun place to be.  You could negotiate with the seller and ask for help, pull money out of your pocket or hope you  have another contingency to use to cancel the contract.  I suggest you take measures to prevent that from happening.   Make sure the contract uses language that ties the loan approval and home appraisal together.

appraisal note: The new loan disclosure process, that began last July, requires the lender to disclose your costs and allow you 72 hours to review them (commonly called the GFE  [good faith estimate]).   Often by email (except Wells Fargo).   When that is sent to you by email or if your lender sends by regular mail you simply respond to it and that initiates the appraisal order.

The appraisal then occurs.  The appraised value simply needs to meet the value that you offered for the home.   We then remove appraisal and loan contingency.

Title: The title search is performed by the title company hired to hold escrow and perform it’s duties as a neutral third party.  The  title report is necessary to identify any clouds on title.   Clouds on title are issues that affect ownership.   This would include liens (encumbrances) and ownership rights of others attached to the property.

In addition, it clarifies lot lines, easements and the ownership title chain.    The title company will provide a preliminary title report during the contingency period set forth in your home purchase contract and a final report, an updated version of the preliminary report, is available prior to the transfer of ownership.

Condominium buyers have a few other items to consider and should have these built into any contract.  The most common of these is the Home Owners Association documentation.    This package can be quite extensive.   It covers the contingencies mentioned earlier and other important  items: HOA budget, HOA reserves, HOA meeting minutes covering the past 12 months, articles of incorporation and by laws.

Not as common, yet  becoming very important in today’s atmosphere,  is to determine if the HOA project, sometimes called a PD or PUD, is FHA  approved for FHA lending or VA approved if you are considering a VA loan (veteran’s administration).

Michael Roberts is a licensed California Realtor and real estate investor providing agent representation to home buyers and sellers in the San Fransisco Bay area.

He can be contacted at  mroberts at rwnetwork.com or his Website  

What to do when foreclosure is coming

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Sad but True (true story)    You might find the ending a happy one.

Terry (not her real name) called our office in tears.  Her home was going on the county steps, the following day, to be sold to the highest bidder in a trustee sale.

She did have a little cash in the house in the form of equity.  Not Fair!

Not a fun call by any measure.    After living there for 25 years and raising her family, the lender was foreclosing.   Not a rare story…I know.

This put the whole office in a buzz to solve Terry’s problem.  I called my cash investors, others called attorneys.    My ‘ace in the hole’ investor was in Europe the other was unable to put it all together in such a short time.

It was looking dire by the end of the day.

The only solution turned out to be bankruptcy…according to legal council!  That’s not what this story is about though.  This was the only way to halt the foreclosure and allow Terry some time to get a grip.  After all, she raised her kids in this home, had no job prospects and was on the verge of a serious breakdown.

She needed to hit pause.

Terry was not devoid of responsibility and I won’t defend her position.   She just needed help.

So, the only alternative was bankruptcy.  The search began for an attorney to embrace Terry and get the ball rolling.   This was done in an attempt stop the snowballing effect!  One found,  we began to focus on solutions.

Move ahead a few days….

Terry hired us to meet the required ‘sale of the home‘ that the Trustee ordered.   This is where it went haywire AGAIN!  The Trustee said he had the legal authority to choose and hire a Realtor.  Well, his Realtor was preparing to sell the home for a ridiculously low price (about $100K low).   Leaving Terry with nothing!  The Trustee’s agent claimed his price was based on his ‘expert opinion‘, the current market and the home’s condition.

Not so fast mister!  We appealed to the Judge that this agent was out of his gourd.  Providing some strong fact based data, we were granted the job to sell Terry’s home.  Sorry Mr. Trustee‘s agent (and Mr. Trustee)!

The home was in bad shape, for sure.  The kitchen cabinet doors were falling off, the Master Bath was in need of a Hazardous Materials Team and the yard more resembled a Jungle than a forest meadow with curb appeal.

We jumped in with both feet.  Providing labor, guidance, advice and, in some cases, a late night shoulder for Terry to cry on.

The home sold in 10 days.  The offer was great and provided Terry with $90,000.00 dollars after expenses.

We make money doing this, right?  In this case there was little money left over after all the hours and effort.   It wasn’t what I earned that was rewarding, it’s what I learned…..

I work with the best group of ‘people’ in the world!  They’re not your typical, robotic, scripted salespeople who only look out for themselves…they’re real people – that care!

I almost  forgot the best part.    Once Terry began to see the light at the end of the tunnel she gained enough confidence and piece of mind to secure a great job!

Terry has a bright future on the horizon!

note:  this solution is not for everyone there are short sale and other options to consider

The Art of The Open House…

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La Canada Building, N. Santa Cruz Ave. Los Gat...

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I don’t know how many hours I have spent preparing Los Gatos buyer packages, uploading internet marketing and providing guidance to the Seller in anticipation of the “magic” Open House.  Only to show up and find the Seller forgot to do everything that they so eagerly agreed to do after reading “the 26 sellers mistakes”

I should have learned that a plan only lasts until the first detail slips.   When that happens the magic is gone.  Sort of.

It usually starts at the front door, or more accurately, when I drive up and see they have an alfalfa field instead of a manicured lawn.  At the front door, trying to decide what to do with the lawn, with only minutes before the buyers start to arrive,  I realize I am done.

The porch is not swept and “Spongebob” decorations from the previous weekend birthday party are still up.  Hmm…Wonder if they had Read the rest of this entry »

First Time Buyer Credit in California Recently Updated

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First Time Buyer s in California Have a decision

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Just released, the First Time Home Buyer Tax Credit has changed.  Yes, already!  The fund, at only $200 million dollars, will not last very long and you had better know the new rules to take full advantage of it.

The $200 million dollar fund  still allows a credit amount of 5%  or a maximum credit of $10,000, whichever is the lesser amount, based on the final sales price.  A very substantial credit!

Previously, the first time buyer was required to have the seller of record sign the tax credit form 3549a  prior to submitting the application for the credit.  However, on June 1st , changes were made for First Time Buyers of previously owned homes.

According to an email I received from Colleen Graves of Lawyers Title in Southern California, a popular Escrow and Title company, chosen by financial institutions selling their bank owned (REO, Foreclosures) properties throughout California,… Read the rest of this entry »

Make Money When You Buy That San Jose Home For Sale Part 1

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Buying a Home with Resale Value – Part One

  houses for sale san joseWithout doubt, the best time to think of selling your San Jose area house is before you buy it.  In fact, there’s a saying in professional real estate circles that, “You make your money when you buy.”  Unlike prior generations, today’s home owners will typically sell their house within five to seven years.  That may seem like a long time in your own personal life, but it is just minutes in the world of  San Jose homes for sale.

Wouldn’t it be nice to go into your purchase with a plan in mind?  Here are a few tips on how to choose a San Jose house for resale value, while also finding a home that you absolutely love.

  • Purchase Price. Perhaps the biggest lesson learned from the housing crisis is to not overpay for a house.  This can be tough when you absolutely fall head over heels for a home.  But paying a fair price today means you’ll be able to accept a fair price tomorrow.  So check your emotions at the door, and proceed with your head.  It’s worth taking time to research pricing trends in San Jose area neighborhoods before committing to a purchase you may regret when it’s time to sell.  We have the resources, years of market insight, community knowledge and negotiation skills to ensure all our buyers pay only what they need to for  any San Jose home for sale.

Make Money When You Buy That San Jose Home For Sale Part 2

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Buying a Home with Resale Value – Part Two

How to buy San Jose home for sale with selling the home in mindBuying a home in the San Jose real estate market can be a daunting task.  So many questions – How do I get a mortgage? How much can I afford? Will I find a home that fits my needs?  What exactly is PMI?  It can be easy to lose sight of the home’s salability in the future.  The good news is we can help answer all these questions and guide you toward a San Jose home with solid potential resale value.  The following bullets describe some key features to look for when shopping for San Jose homes for sale that will bring the most bang for your buck when it comes time to sell. Read the rest of this entry »

Borrowers Harmed From Numerous Sources

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This Video (below) is proof many homeowners in all areas are at risk of scammers, including San Jose homeowners.  When you ask for help selling your San Jose House, remember, if it sounds too good to be true..Then it probably is!

There are no ‘Magic Wand’ solutions if you find yourself against the wall with your mortgage.  Using common sense and a applying pragmatic approach is still the best and most effective way to determine whether you should sell your Los Gatos home or buy a smaller more affordable house in San Jose.

A good rule of thumb is to obtain 3 professional opinions and weigh them one against the other.   The first solution may not be the only solution and… Watch This Video!

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Prop 60 and Prop 90 Transfer Tax Reminder

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You may be thinking of selling your home by downsizing or moving closer to family, well Proposition 60 and Proposition 90 have to be considered too.  Ask your CPA.

California property owners who are over 55 years of age may qualify to transfer the assessed value of their principal residence home sold in one County to their new principal residence they buy in another County.

A copy of the tax bill from the other county and a copy of the applicant’s birth certificate will be required by the County Assessor to be included in the application.

This website provides property tax answers for property owners who are selling and plan to move.

A Copy of the grant deed for the new purchase along with a copy of the closing statement of both the sale and purchase are also required.

Here is a short summary of the eligibility requirements…

Get More Drive Byes with 5 Curb Appeal Killers

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Seller tips how to sell a homeYou won’t sell your home in Los Gatos,  San Jose or Phoenix for that matter, if you can’t get the potential home buyer to the front door.   Homes for sale, regardless if they are short sales, must look neat and tidy!

When they drive up to your for sale sign will they still want to come in?

Those potential buyers will become drive bye  byes  if….

  • Lawn is overgrown and there is cheezy yard art everywhere
  • Weeds are growing in the flower beds and around the walkways
  • When the door is being opened it squeaks and the paint is old
  • The paint is peeling and cobwebs have taken over
  • The Doorbell is hanging off the wall or doesn’t ring

It is so very simple to overcome these curb appeal Killers if you want to sell your home!

Here are a few suggestions of how you can take care of these 5 deal breakers for little or no money.  Get those home buyers in the door!

  • An overgrown lawn should be mowed and edged properly.

Remove any lawn art, Holiday decorations, Beware of Dog and I love Cats signs.   Pets can be a deal breaker for some  home buyers and your Realtor can help you address this in a better way.

  • Pull weeds along walkways and flower beds and dispose of them.

Leaving the dead weeds in a pile somewhere after you pull them is actually worse than pulling them at all.  It leaves the impression that you don’t follow through.  So get rid of them!

  • Repair a sticky or squeaky door and paint it.

WD 40 will usually fix a squeaky door.  Spray hinges lightly while you swing the door back and forth to help it get deep into the hinge mechanism.

A sticky door can be a bit more technical, but a little common sense and some Read the rest of this entry »

15175 El Gato Ln and 17250 Pine St Los Gatos and 228 Calle Marguerita

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Wow!  These are my 3 picks of the weekend for Los Gatos Homes for sale.  New Home Buyers will find they have all the best things to offer.

Some lucky folks are going to be new homeowners in Los Gatos!

Great prices and locations are just the beginning.   17250 Pine St.Los Gatos is a short sale,  I know,  Yuk.  Not really!  Look what the fundamentals look like…

Schools: Great!  Location: Great!  Price: Amazing!

Use ‘the proper strategy and be prepared for a few bumps’ is the bargain hunters code. One may be a foreclosure one a short sale, however what would expect a bargain to look like?

Los Gatos is a tough area to find affordable homes and these 3 are a step in the right direction. Preparing for an opportunity equates to good luck, right?

The 2nd homes for sale in Los Gatos is 15175 El Gato and the 3rd house for sale in Los Gatos that I see as a great first time buyer pick is Foreclosure home for sale in Los Gatos not a short sale228 Calle Marquerita.