Showing posts with label buying a home. Show all posts
Showing posts with label buying a home. Show all posts

Thursday, June 14, 2012

How Can I Buy When I Still Need To Sell?

A consumer asked me... "If I have a house I need to sell before I can buy another home, how can I do it? What comes first?" 

It's sort of like the chicken and the egg conundrum.

In a buyers market, a buyer may be able to negotiate with a seller to enter into a contract that is contingent on the buyer selling their own home (this is called a home sale contingency). In these cases, though, it presents a risk to the seller, and their agent will help them to evaluate that risk so they can decide if they should take it. The evaluation will include conducting a market survey on the buyers home, among other things. Buyers will have to demonstrate to the sellers that they have positioned their property to sell in the current market.

In a sellers market, it's unlikely that the seller will agree to this. Instead, they will wait a few more days and take the next, non-contingent, contract that comes in. SO, then what? What's a buyer to do?

So the next option is for one to put their home on the market, and secure a contract that contains a seller contingency called a "Home Of Choice" contingency. This is becoming more common. This contingency allows that seller to then go and find the home of their choice... and make an offer that is contingent only on the settlement of their home (which is much less risky than a full home sale contingency).

I guess the bottom line is there is not one answer that is always right... it depends on market conditions and the parties involved. An experienced and skilled real estate agent can help you evaluate risk, provide resources and alternatives and determine the best course of action for your family.

If you happen to be in this exact predicament, wondering how exactly you make all these puzzles pieces work together, well, you're in luck. I know how, and I can help you get the plan put together. Contact me today and let's set up our initial consultation...

703.669.3142 
MyAgentVicky(at)gmail.com

Wednesday, May 23, 2012

What? No Cookies?

I have been working with some buyers for several months... We have looked, and looked, and looked at homes.... Foreclosures, Short Sales, Vacant Homes, Model Homes, you name it. From the time we first entered a model home, the client commented "What, no cookies?" It's true... gone are the days where you can count on getting fresh baked Otis Spunkmeyer cookies at any model home.

This became the joke... Every house we went in, someone would comment "It's nice, but there are no cookies." Or something like that. Earlier this week, I showed them 2 homes that they really really liked, especially the second one. Of course, I continued the joke... "Yeah, but there are no cookies, so we better keep looking."

We went back the next evening to show another family member... Guess what we found? Yep. There were more, but we ate them. I had to take a photo before they were gone. They were tasty, too.
And no, it was not an open house. But it was an owner that did absolutely EVERYTHING right as far as staging and making the home available for viewing. She gets an A +++ !

Anyway, it got me thinking... I wonder if there is a camera in here? You know, many people have them. I even noticed them in another home I showed the same night. So, let this be a warning Mr & Mrs Prospective Buyer - be careful what you say and do, you might be caught on camera. For us, I have no idea if there was a camera or not, and we didn't say or do anything that would be a problem, so I am not too concerned. But it's pretty ironic that the cookies were there the next night, don't you think?
Oh - and in case you're wondering... We're waiting on a response to our offer. Did the cookies seal the deal? Hard to say, but it certainly sweetened things a bit.

Wednesday, June 15, 2011

New FHA Requirements?

I keep hearing mumbling within the real estate about these "new" requirements for FHA loans.  It may surprise you to know most of them aren't really new requirements at all; they're old.  It's just that now they are being enforced.

To understand what I am about to tell you, it's important that you recognize what an FHA loan is. On a basic level, it's a loan requiring very low down payments.  Since that makes it riskier for banks to do, the Federal Housing Administration insures the loan against default.  It works just like your homeowner or other type of insurance.  If the lending bank has a loss because of your default, they file a claim and according to the policy guidelines get reimbursed for all or part of the loss.

In the good old days, when the word foreclosure was rarely uttered, underwriters were waiving FHA requirements... allowing exceptions.  This happened often.  But, now that we're seeing short sales or foreclosures, both of which are a "default", on FHA loans, the banks are having to file claims so they can be reimbursed for losses on these loans.  It's happening enough that the FHA itself is suffering.

So the FHA, or others are their behalf, are conducting audits.  In the audits, they are scrutinizing the exceptions that underwriters have allowed, and they are not paying on many of the claims.  This results in banks telling underwriters they can not make exceptions on the requirements.... and so, old requirements are being enforced.

It's true what they say,  "There is nothing new under the sun." Time and time again I find this old adage holds true, especially in the real estate world. 

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If you find insights contained in this blog helpful, please consider joining the coordinating

If you would like personal advice regarding the purchase or sale of property in the Dulles area,
reach out to me directly:

Vicky Chrisner
703-669-3142

Please note that I can not provide insights regarding properties or real estate transactions outside of Virginia,
except to refer you to a professional in your area (which I am happy to do). 

Monday, September 13, 2010

4: REOs in 2010, Making Your Offer

REOs in 2010, Making Your Offer (Part 4 of a Series)

So you want to make an offer on a property that is bank owned?  Great.  Many things are the same as buying a traditional resale home.  And, there are a few differences.  Here are a few highlights!

IMPORTANCE OF A BUYERS AGENT:  A buyers agent is critical when you're buying an REO.  Here's the thing that people just don't understand:  A listing agent represents the seller.  A buyers agent represents YOU.  They tell you about options, help you access and interpret information, and guide you through the process.  A listing agent can be very nice to you as a buyers, even helpful.  It is very possible that the transaction will work out well for you and you will never know that you didn't get a very good deal or that you were taking high risks during the process.  Ignorance can truly be bliss.  But, you need to trust me on this, a good agent will bring huge value to your transaction for you in reduced risks and more money in your pocket.  And, there's no up side to NOT using a buyers agent. In most cases, listing agents prefer you have your own agent, as do the sellers and it will not save you any money, time or frustration by 'cutting out the middle man'. If banks didn't want a 'middle man' they wouldn't hire one, and actively seek out a second (buyers agent).

PRICE:  Banks are going to price similarly to traditional sellers, except without any emotion.  So they will be pricing where they honestly believe the property will sell.  This is not a game for them.  Within a few weeks to a month (depending on the market activity level), if they've had no other offers, they will be willing to consider a price lower than their asking price.  The longer the property is on the market without receiving offers and without adjusting the price, the more likely that they will consider a lower price. 

FINANCING:  No, you do not need to make a cash offer. However, banks do prefer cash offers and will sometimes even sell at a bit of a discount if there is no financing contingency.  How much discount?  Well that depends on how difficult they believe that property is to finance.  In 2008 loans were hard to get.  Now, money is flowing again, and creditworthy individuals with a downpayment are getting fiancing without too much difficulty.  Selling banks continue to dislike FHA or VA loans, but in some submarkets there is no way to avoid them. Some selling banks will even give "preference" to buyers using FHA or VA loans (believe me when I say there is a hidden agenda for this, it is not from the goodness of their heart), but it may benefit you and if you luck into that situation, enjoy!

DEADLINES AND TIMELINES:  In 2008, when I wrote about this, I talked to you about ridiculous behavior from banks-I wanted you to know what to expect.  But since then things have gotten better.  Banks respond much quicker, they are more reasonable, and the personnel involved have a reasonable work load and good systems.  In other words, they are no longer crazed lunatics, nor are their agents...generally speaking.  Every once in a while I bump into another crazy one (refer to the video in the first post of this series).  So, in this case, it doesn't hurt to understand what "used to the norm" in the marketplace.  To set some expectations for today's market, here are some quick tidbits:

-Especially if the home is a "fixer upper", but in any case where a property is priced really competitively, banks prefer to sell to people buying with cash.  You might think "yeah, right", but a lot of investors are buying with cash.  If the home you're looking for is a great deal, and a fixxer upper, then cash is certainly king and in many cases, the banks continue to sell at a discount to those buying with cash.  Not buying with cash?  Banks will look more favorably on offers with larger down payments, and those not asking for seller paid closing costs. 
-Expect the selling bank to require you sign their addendum which has language to protect them and sells the house "as is".  Read it and understand it.  Make sure you agree to the terms before you sign it. The terms may or may not be negotiable.  A buyer's agent that understands the marketplace can advise you.
-Despite buying a property "as is" you can usually do a home inspection.  Depending on the sub market and your contract, you may be able to ask for some limited home repairs based on the inspection - usually this will only be approved if it is likely to be a condition of your financing/appraisal, or something significant you would not have been able to anticipate when you wrote the offer originally.
-Banks do still take a bit longer to respond on some offers.  Consider padding the timelines in your offer, or make the timelines contingent on you receiving information from them (i.e. home inspection will be 10 days from ratification, financing contingency for 25 days from ratification, and closing 35 days from ratification) rather than building in specific dates.  This way, you steer clear of only getting 2 days to do your inspection.
-At least in Virginia, you do not have to use the seller's suggested title company.  You can, and might consider it if they are offering you a financial incentive to do so, but I do have a slight preference for using the title company your agent recommends.  That is only because your agent knows what to expect from them and there's an open line of communication so that if there are any "issues" your agent will know in advance and have an opportunity to solve the problem before it's a problem.  And, if they need a favor for you, your agent is more likely to get that favor from a company they regularly do business with.

A RATIFIED CONTRACT? 

Really?  You've ratified your contract?  It's so exciting!  You're well on your way to being a homeowner.  Once your contract is ratified, this becomes an almost "regular" transaction.  Just make sure you understand your contract, that the utilities are on before you go to do the home inspection, check and double check that you're on top of things and you can close on time, since many of these contracts have built in "per diem" penalty fees if you don't close on time.

Congratulations..... and good luck in your new home!

Thursday, September 3, 2009

The Long and Short of a Short Sale, Part 4

Continuing our posts on short sales, this post discusses the most common clauses in the contract, and how you, as a buyer or seller, should attempt to negotiate the clauses.  (Please keep in mind you need an attorney or a real estate agent, or both, to advise you personally.  I am talking here in very general terms.)

All real estate contracts have contingencies in them on both sides.  A contingency is the "if" in these statements:
I will sell you this house IF ______________.
I will buy your house IF ________________.
Contingencies can be for anything you can dream up.  However, most residential contract contingencies fall into a handful of categories.
Sellers Contingencies:
To protect the seller, the primary contingencies revolve around money and the settlement date.  The seller says "I will sell you the house IF you give me $___________ by__________(date)".  If the buyers don't bring the money to closing, or don't show up, the sellers can terminate the contract without penalty  (although there may be a penalty to the buyers). 

In a short sale situation, sellers should also have a contingency for "Third Party Approval" - meaning they need to get approval from their lender(s) to be able to sell the property, since the proceeds will not cover the mortgage.  If the sellers can not obtain the approval, then they can terminate the contract without penalty.
Buyers Contigencies:
To protect the buyer, contingencies almost always include: (a) financing (if they can't get a loan, they can't buy the house); (b) appraisal (if an appraiser doesn't certify that they are paying market value-or less-for the property, then they won't buy the property); (c) the dates, particularly the date of settlement; and finally (c) that the buyer needs to be getting the deed to the property, free and clear, with all rights and enjoyments of ownership (in Virginia, this is called a General Warranty Deed).  In addition, we often see buyers ask for a contingency to do a home inspection and/or environmental testing on the property; and, if the property falls in an area that has a Property Owners Association, then Virginia provides the right to buyers to receive and review a package full of information about the restrictions and fees associated with that POA.  In a short sale situation, we may also see language built into a contract that allows the buyers to terminate the contract because the "short sale approval" hasn't been received within a certain time frame. 


To improve chances of a short sale, sellers want a contract that has no buyer contingencies. 
To provide the maximum protection and lowest risks, buyers want maximum contingencies.

If I am representing a seller:

  • PRICE: I want a contract price that represents at least full market value; and in general, I want the highest price possible to entice the bank to approve the sale, and also because in some cases, sellers are being asked to pay the deficit between the mortgage payoff and the proceeds of the sale.  The higher the proceeds of the sale, the less my client would be liable for.


  • FINANCING: I will attempt to obtain a cash contract, with no inspection or appraisal contingencies for the buyer.  If that is not possible, I will want a full loan commitment, with the only contingencies being seller contingencies.


  • DEPOSIT: I want a high earnest money deposit, and I want it to be deposited into the escrow account as in a normal contract.


  • SHORT SALE APPROVAL: I want the longest possible timeframe to get the short sale approved.


  • PROPERTY OWNER DOCUMENTS: Since this contingency can not be waived by the buyers, I want any POA documents delivered to the buyer early on, with an addendum that they will pay the cost to replace them if they terminate the contract and do not return them.

If I am representing a buyer:

  • PRICE: I want a contract price that reflects no more than the market value in "as is" property condition...preferrably with a financial  benefit to my client because they are having to deal with the uncertainties and frustrations of a short sale.  (Generally, if the bank orders a BPO/Appraisal of their own, and the contract price is within 10% of the fair market value, then they will accept it; of course, I hope my buyer will be paying at least 10% less than fair market value).


  • DEADLINES: I want a full home inspection and financing and appraisal contingencies, and I don't want my buyer paying any of those "hard costs" (out of pocket) until we've gotten the approval from the seller's lender (which is the thing that takes the longest in this process).


  • DEPOSIT: I want the "consideration" for the contract to be in the form of a Note Payable, rather than actual funds, until the seller's bank has approved the sale.  This is because EVEN if my buyer defaults, their money is still in their own pocket - and the seller will have to sue them to get the deposit.  Most sellers in this situation will not take court action to obtain cash from a buyer that didn't buy the house.  However, if my buyer DOES NOT default, but has made a hard money deposit into an escrow account, and the buyer choses to exercise a right of walking away from the contract under one of the contingencies, then my buyer may have to fight the seller - perhaps even in court - to get their money back.


  • SHORT SALE APPROVAL: I want a short timeframe to get the short sale approved, in an effort to increase the speed of each action on the other side of the transaction.


  • OUT CLAUSE: I want an addendum that says my buyer can serve a UNILATERAL notice to the seller that he is terminating the contract FOR ANY REASON, up until the time that the short sale approval is received.  This is so that my buyer can continue looking for other homes while he waits for the approval on this short sale.  That way, if it is not approved, the buyer didn't miss out on anything (interest rates, pricing, market supply) while he waited.  (Please note this is not part of any standard addendum in our region... and many agents will wrongfully tell you it is implied.  Again, your agent matters. Read what you sign - regardless of what your agent says, the written agreement dictates the enforceable terms.)

In this post, I sound a bit like a 2 year old, I want what I want....and I do put up a good fight if it seems reasonable.  However, in the game of real estate it is not about getting all of what you want, it is about getting enough of what you want and all of what you need; and about balancing the needs and wants of the primary parties. 

Balancing the two sides is where an experienced agent with good negotiation skills comes into play.  But, sometimes you simply don't know how good your agent is until it is too late.   So, in my next post, I will share examples of things I have seen, failures and successes.  These examples will help you know how to balance your interests.

I invite you to read the earlier posts in this series.  Start with this post:  A Short Sale, Anything But Short.  Then, stay tuned to The Real Estate Whisperer for important real estate news from the front lines...Get your news AS the market is changing!

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It probably goes without saying, but, if you are thinking of buying or selling in Northern Virginia, I hope you'll call ME first to see if I can assist you. Also, no matter where you are in the country, feel free to contact me. While I can not give real estate advice outside of Virginia, I can connect you with a proven professional in your area. I belong to many networks, including REO and short sale expert networks, and we have members throughout the country.


I can be reached at:
703-669-3142
 
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