Resources For Lake Lanier Real Estate Buyers!

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Frequently-Asked-Questions About Closing

WHAT IS CLOSING? WHAT DO I NEED TO BRING?
Closing (also called settlement) is the legal transfer of Your ABR® can advise you on what you’ll need to bring
property ownership. Usually, but not always, possession to closing, but typically buyers must provide:
is transferred at closing. Sometimes the seller may ask to • Payment of closing costs
close the sale but retain possession, and pay rent to the • Proof of insurance
buyer until vacating the property at a later date.
• Approval of inspections of the property

WHO ATTENDS CLOSINGS? WHAT HAPPENS AT CLOSING?
Face-to-face closings are common in most states, You’ll sign many documents. Rely on your buyer’s
although a few states do not require them. Your ABR® rep and your attorney to review these documents and
can provide details for your situation. The participants answer any questions you may have. Frequently-used
usually include: documents include:
• You, the buyer. Closing statement (HUD-1) – details all funds changing
• The seller. hands between the buyer and seller
• The real estate agents representing the buyer(s) Truth in Lending statement – a final summary of the
and seller(s). terms of your loan
• Attorneys for the buyer(s) and seller(s). Mortgage note – a legal obligation to repay the lender
• The closing agent, the title insurance representative, according to stated terms
and the escrow agent. Often one person fulfills all Deed of trust – the legal transfer of ownership; gives the
three roles, coordinating and recording the exchange lender a claim against your home if you fail to meet the
of the documents and money, disbursing funds, and terms of the mortgage note
handling various closing details.
Affidavits – any binding statements by the buyer
WHERE IS CLOSING HELD? or seller

Closings are usually held at a title company’s office. Riders – any contract amendments that impact
Their job is to confirm the current legal owner of the your rights
property, reveal any mortgages, liens, judgments Any additional documents required in your state.
or unpaid taxes on the property, and identify any Once all documents are signed and all monies have
restrictions that may affect the sale of the property. been paid, possession is transferred and you receive
Any problems need to be corrected before a buyer can the keys to your new home. Be sure to keep your
receive “good title.” closing documents in a safe place for future reference.
Some of the expenses associated with your home
purchase are tax-deductible.

The Accredited Buyer’s Representative (ABR®) designation is awarded by the Real Estate Buyer’s
Agent Council (REBAC), a subsidiary of the National Association of REALTORS® (NAR).

To learn more about REBAC and access various home buyer resources, please visit www.REBAC.net.


Traditional versus
REO Transactions
Defaulted properties are a sad fact of the real estate market. Mortgage foreclosures are a multiple-step process,
presenting various buying opportunities. When a foreclosure sale is not successful, the lender assumes ownership
and the property is now called real estate owned, or simply REO. If you are interested in purchasing an REO
property, it’s important to understand several distinctions between REOs and traditional transactions, outlined
below:

Traditional Transaction REO Transaction
Seller - is a homeowner or investor who wants the right Seller - is a lender, represented by an asset management
price, favorable terms and timely closing. company, that wants a quick sale at or above a bottom-
line price.

Listing Agent - chosen by the seller. Listing Agent - assigned by the asset manager.
Occupancy - the seller vacates the property on or before Occupancy - the property may be vacant, abandoned,
closing. or in foreclosure limbo; eviction of former owner/tenants
may be needed.

Property Condition - sale-ready condition, possibly Property Condition - varies greatly. May be at risk for
including upgrades to enhance its value; cash or credit at vandalism and damage; possible price reduction to offset
closing for repairs. repairs.

Contingencies - are negotiable and may include a Contingencies - property is offered as-is, where-is. An
property inspection, the sale of current home, mortgage inspection and final walk through are allowed.
approval, or final walk through.

Offers - the buyer offers a sales contract, along with Offers - the buyer’s sales contract must include proof
earnest money. The seller can accept, reject or of funds or pre-approval. The seller can accept, reject,
counteroffer. counter, ask for highest and best offer, or make the offer
subject to upper management approval.

Negotiations - include price, terms, closing date and Negotiations - only includes price and closing date.
contingencies. Goal is to create a win-win for the buyer Buyer is looking for a bargain; seller wants a bottom-line
and seller. price and loss mitigation.

Disclosures - government-mandated disclosures along Disclosures - government-mandated disclosures. No
with a seller’s disclosure. seller’s disclosure, unless defects were found in prior
inspections.

Closing - is negotiable; seller may agree to extend. Buyer Closing - firm closing date, with per diem charged for late
can specify title company. closing. Seller specifies title company.

Each of these factors has important implications for buyers. Before proceeding, ask your Accredited Buyer’s
Representative to help you understand your options and decide whether an REO purchase is right for you.


To learn more about REBAC and access various home buyer resources, please visit REBAC.net.


Buyer Representation
What buyers should know about
compensation, loyalty and shared expectations.

Most real estate agents earn their living by Agency relationships are based on mutual consent,
representing buyers and sellers in property so if your buyer’s representative isn’t living up to your
transactions. While commission rates and/or terms expectations, you can cancel the agreement.
vary from one listed property to another, there’s no Most importantly, you should discuss expectations
question about which agent and brokerage firm is early on. Each buyer’s agent has their own style and
representing the sellers. The yard sign alone makes preferred way of working with clients. And each agent
that clear. has their own buyer’s representation agreement,
However, problems can surface on the other side of outlining their obligations to you and what they expect
the transaction if a buyer (intentionally or unwittingly) in return.
does things that lead two different agents to believe There are also certain things buyer’s reps are not
they are representing that buyer. allowed to do for you, such as advise you on which
Examples include: neighborhoods are better than others in terms of
• A buyer has been searching for homes with schools, crime rates or population demographics. Fair
an agent’s help. On impulse, he attends Housing Laws state they can only point you to sources
an open house and starts talking to the of this information, helping you make your own
hosting agent about what kind of home he decisions on these and other matters.
is searching for, failing to mention that he is Taking time to discuss shared expectations at the
already working with another agent. beginning of your relationship is the surest way
• A couple, early in their home search, to avoid misunderstandings and form a strong
notice two different houses for sale with partnership—one that allows your buyer’s rep to serve
two different agents. They call each agent, you to their greatest ability and help you achieve the
asking to see the homes. best possible result in your home purchase.

In each of these cases, a buyer has demonstrated
purchasing interest with more than one real
estate agent. Depending on other details of the
circumstances—and how your state defines the way
agency relationships are formed—it is possible that
a dispute could arise between agents regarding who
should receive a commission if the buyer proceeds
with a purchase.
This is one reason why it’s in everyone’s best interest,
including yours, to shop for an agent before you shop
for a home, and to formalize your relationship with a
signed buyer representation agreement. Buyers have
nothing to lose, because you can expect a higher level
of service, typically for no additional cost.
In return for providing these services and assisting you
with various transaction details, buyer’s agents expect 1
Note that not every state requires a signed Buyer’s Representation
you to remain loyal to them, making it clear to any Agreement to create an agency relationship. In some cases, an
other agents that you are already being represented. agency relationship can be formed if both parties simply behave as
if one exists.

The Accredited Buyer’s Representative (ABR®) designation is awarded by the Real Estate Buyer’s Agent
Council (REBAC), a subsidiary of the National Association of REALTORS® (NAR).

To learn more about REBAC and access various home buyer resources, please visit REBAC.net.


Am I ready to buy a home?
Your buyer’s rep can help you decide.

The decision to purchase a home is a highly personal
one, based on both tangible and intangible factors.
Beyond your personal situation, local market
conditions, financing costs, and future expectations
must also be evaluated.

The following list of questions can help you decide if
you are ready to move forward with a home purchase.
Your Accredited Buyer’s Representative (ABR®)
can help you sort through these issues and provide
essential local market perspectives.

PURCHASING CONSIDERATIONS F Are local market prices favorable to purchasing?
F If you purchase a home, how long do you expect to What are your expectations on future prices?
live there? F Do you qualify for any special purchasing
F What can you afford to pay each month for housing- assistance programs that can help reduce the cost
related expenses? of home ownership?
F What are the total costs of home ownership?
RENTING CONSIDERATIONS
This may include:
F If you are now a renter, what are your total
• Mortgage payments (based on various interest rate
and term assumptions) housing expenses? (monthly rent, utilities, housing
assessment, parking, etc.?)
• Property taxes
• Homeowner’s insurance F How does renting vs. buying factor into your long-term
• Utilities investing goals?
• Maintenance costs
OTHER FACTORS
• Any other special fees?
F What are your personal preferences regarding the
F Do you expect these housing-related expenses to
type of housing you wish to live in? How does location
increase or decrease? (changes in interest rates may
factor into your housing preferences?
be a bigger factor than others)
F How do you expect your personal situation to change,
F What additional expenses are required to complete a
in terms of future housing needs?
purchase? (closing costs, moving expenses, etc.)
F What are your expectations concerning future
F How much will your home ownership costs decline
employment?
after adjusting for interest expense deductions and
F What are your long-term personal and financial goals,
property taxes (if applicable)?
with regard to housing?




From Contract to Closing
Congratulations! A seller has accepted your offer. Before you can take possession of
your new home, however, several important details must fall into place. Count on your
Accredited Buyer’s Representative (ABR®) to explain each step in the process and answer
your questions.
While each transaction is unique, the most important steps include:

COMPLETE A HOME INSPECTION GET READY TO MOVE
y’s
Assuming this contingency was in your offer, schedule Moving may be the biggest job you face in buying a
a thorough inspection of the property with a qualified home. Be sure to get a jump on these preparations.
home inspector. If you like, your ABR® can help you First, decide how much help you’ll need. If you plan
identify several inspectors to choose from. to hire a moving company, compare costs and make a
The inspector should provide you with a written report reservation.
detailing any flaws found in the home, including Other important details include coordinating dates to
information about the severity of his or her findings. If end service with all utilities and establish service in your
severe problems are found, your contingency clause new home. Make sure the post office has been notified
should permit you to cancel the contract without of your change in address, as well as your bank, credit
obligation. card companies, insurance agent, attorney, other key
Alternately, you may want to negotiate performance professionals, and family and friends.
and payment for any significant repairs noted in the ATTEND A FINAL WALK-THROUGH
inspection. But also remember that no home is perfect
and small repairs and maintenance issues should A pre-closing walk-through is a final check to ensure
not derail the transaction or require another round of that the home is in the same condition it was during the
negotiations. inspection, and to make sure all contracted items, such
as appliances, are still in the home. The timing of the
REQUEST ATTORNEY REVIEW final walk-through will vary, depending on practices in
If specified in your offer, ask your attorney to review your market.
your sales contract and, if desired, schedule his or her PREPARE TO PAY CLOSING COSTS
participation in your closing.
When you applied for your mortgage, you received
FINALIZE YOUR MORTGAGE a good-faith estimate of closing costs. As closing
Securing a mortgage can be more complex and approaches, you’ll need to determine exactly how much
expensive than many consumers realize. Numerous money you will be expected to bring to closing and what
documents and details must come together in a short forms of payment are acceptable.
period of time. Make sure you have promptly supplied
your lender with everything they ask for so your
financing is in place for closing day.




Moving Checklist
Moving into your new home is a big job. The further you plan in advance, the
smoother it will go. This list contains most of the big tasks you’ll need to do and
suggested timeframes. Depending on your situation, you might be able to delete
(or may need to add) some items.
8 WEEKS BEFORE o Notify utility companies of date to discontinue/transfer
o Call moving companies for estimates. service and/or establish service at your new home. Also
o Remove and dispose of unnecessary possessions. arrange for final readings and bills, including refunds on
prepaid services.
o Start compiling an inventory of your possessions.
o Electric
o a floor plan (with room dimensions) of your new home
Get
to help you decide which furnishings you want to keep and o Heating oil
which room they will go in. o Internet service
o Start a file of moving-related papers and receipts. o Natural gas
o Locate schools, healthcare professionals and hospitals in o Telephone
your new location. o Television
o Arrange to transfer your children’s school records and o Trash collection
family medical records. o Water
o Notify your state’s department of motor vehicle of your
6 WEEKS BEFORE
new address.
o Secure off-site storage.
o moving from an apartment, arrange for refund of your
If
o Choose a mover and sign contract. security deposit.
o Contact your homeowner’s insurance agent about o Discontinue additional home services (housekeeper,
coverage for moving and secure more. gardener/lawn service, snow removal, and pool cleaner).
o Contact insurance companies (auto, homeowner’s, medical, o Start using up things you can’t move, such as perishables.
and life) to arrange for coverage in your new home.
3 WEEKS BEFORE
4 WEEKS BEFORE
o Make travel plans.
Create a file of important papers, such as auto license,
o Make arrangements with condo or homeowner’s
registration documents and title; any medical, dental
association to reserve elevator usage time if moving into or
and school records; birth certificates; wills, deeds, stock
out of a high rise building.
certificates, and other financial documents.
o Arrange to close existing bank accounts and open new
o Notify the following of your change of address:
accounts in new area.
o Post office
o Arrange for child care on moving day.
o Banks
o Credit card companies 2 WEEKS BEFORE
o Relatives and friends o Arrange special transport for your pets and plants.
o Insurance agent, lawyer, tax/financial advisor o Contact your moving company and review arrangements
o Magazine subscriptions for your move.
1 WEEK BEFORE
o Pack moving-essential boxes—important documents, travel
clothes, personal items and prescription medications.
2–3 DAYS BEFORE
o Confirm all final arrangements with your mover and other
service providers.



TBRREBACNewsletter_Oct2011_round2.indd 7 10/11/11 12:22 PM


Fair Housing Quiz
Fair Housing and Your Buyer’s Rep
Continued from page 5

7. The Equal Professional Service Model involves all
of the following key guidelines except
10. Looking at the following four marketing examples,
identify which one is okay under Article 10 of the Code The Federal Fair Housing Act, enacted in 1968, is designed to prohibit discriminatory
A. Have I offered a variety of choices? of Ethics?
practices when buying and selling homes. Administered by the U.S. Department of
A. Advertise only in a strategically limited geographic
B. Is my client working with another agent?
area that is populated by a particular ethnic group Housing and Urban Development (HUD), the law prohibits housing discrimination against
C. Has my customer set the limits? of people. seven protected classes—race, color, sex, religion, national origin, familial status and/or
D. Do I have objective information? B. Limit advertising to small papers which cater physical and mental handicaps.
to particular religious groups of people.
8. When a prospect inquires about the racial makeup of
neighborhoods or schools, you should respond by saying:
C. Promote a listing only in selected sales offices
in communities with similar ethnic populations.
Fair Housing marked a significant step forward in protecting civil rights for all
A. “I believe the neighborhood has a few Hispanic D. Advertising your knowledge of a language
other than English in an English-language
people. The law covers most types of housing, and includes compliance guidelines
families. I can check and get back to you.”
advertisement. for landlords, property managers, builders and real estate agents. The chief concern
B. “The Fair Housing Act prohibits me from
providing that kind of information. I recommend for buyer’s reps is that they not engage in steering, the act of directing home buyers
you contact the school district, municipal
government, or the local library.”
11. In an advertisement for a small, two-bedroom house in
a neighborhood where many families live, which of the
(or tenants) to a particular area that is chosen by the agent, not the buyer.

C. “I wouldn’t worry about that, the neighborhood following language is clearly improper under the Fair
is safe and the schools are good.” Housing Act? How do Fair Housing laws affect your from making choice-limiting decisions or ruling out
home search? certain properties or neighborhoods based on factors
D. “Residents in this neighborhood value diversity, A. Small, cozy home in quiet neighborhood
Many home buyers want and expect their buyer’s rep to that are important to them. If you prefer a particular
you’ll fit right in.” B. Two-bedroom home, near playground and
help them make good choices in their home purchase. neighborhood, that is your choice, and you can share
senior center these preferences with your buyer’s rep.
Consumers know that real estate agents are intimately
9. If a seller using a real estate agent refuses an offer
because of the buyer’s national origin, who may file a
C. Ideal for couple or single professional familiar with certain neighborhoods, so it’s logical that
buyers would seek out their professional advice. Ultimately, Fair Housing is designed to help all buyers
D. No children
federal lawsuit against the seller? achieve the dream of home ownership on their own
However, your buyer’s rep may not be allowed to answer terms. By researching neighborhoods that interest
A. The prospective buyer
B. The real estate practitioner
12. Which of the following features are required in ground
floor units of non-elevator multifamily building of four
all of your questions, including questions about whether
a neighborhood is safe, or the racial composition of an
you, and giving serious consideration to your needs
and preferences, you will be able to make a smart,
units or more built after March 1991? area, or whether the schools are good. Instead, buyer’s informed home purchase—one you can enjoy for
C. The federal government
reps are instructed to direct you to helpful sources of many years to come.
D. All of the above A. An accessible building entrance or an accessible
route for persons in wheelchairs information so you can evaluate neighborhoods on
your own.
B. Accessible and usable public and common
use areas This is because, under the Fair Housing law, it is
C. Light switches, electrical outlets, thermostat, unlawful for an agent to engage in any conduct that
and other environmental controls in is discriminatory towards any of the seven protected
accessible locations classes. Whether a neighborhood is safe, for example,
is a subjective decision. Your buyer’s rep can suggest
D. All of the above
the best Web sites and other resources to gather related
facts. But ultimately, buyers must form their own
Answers and related details are posted on the opinions about whether a home or a neighborhood
ABR® Network. is desirable to them.
Reprinted from REALTOR® Magazine Online by permission of
It’s a buyer’s choice.
the NATIONAL ASSOCIATION OF REALTORS® .
Copyright 2011. All rights reserved. A real estate professional should never steer you
toward or away from a particular neighborhood if the
homes there fit your needs and are within your range of
affordability. However, there is no law restricting buyers

6 TBR • April 2011


Evolution of Buyer Representation
Even though buyer representation is now largely available to home buyers across the country,
it wasn’t always so. As an advocate for home buyers, the Real Estate Buyer’s Agent Council
(REBAC) has played a key role in creating that change and helping buyers receive the same
level of representation in real estate transactions that was previously only enjoyed by sellers.

Prior to the introduction of buyer representation
(also called buyer agency), only sellers were represented
in real estate transactions and received full fiduciary
responsibilities from their agent, including loyalty,
obedience, disclosure, confidentiality, reasonable
care and diligence, and accounting.

Buyers were brought into a transaction with assistance
from licensees who treated buyers as customers, not clients,
because they were acting as agents or sub-agents for the seller.

Buyer representation aims to level the playing field by offering
full fiduciary responsibilities to buyers, typically by signing
a buyer representation agreement. Details vary from state to
state regarding how agency relationships are established.

KEY MILESTONES IN THE EVOLUTION OF BUYER REPRESENTATION INCLUDE:
1988: REBAC is founded by Barry Miller, a Denver- 1996: The National Association of REALTORS® acquires
based REALTOR®. The organization supports buyer REBAC and steps up efforts to advocate for changes in
representation through advocacy and training, awarding real estate license laws and agency practices.
the Accredited Buyer’s Representative (ABR®) designation
to agents who pass certain education and experience By effecting substantial changes to the REALTOR®
requirements. Code of Ethics, the National Association of REALTORS®
has helped transform the way real estate brokerage is
Mid-1990s: Public interest in buyer representation grows. conducted across the country, ultimately providing better
REALTOR® associations lobby for changes to many state’s service to real estate home buyers.
real estate regulations, away from sub-agency towards
direct representation of buyers. REBAC continues to serve home buyers by providing
valuable information resources on the buying process
and helping connect home buyers with qualified
buyer’s representatives. You can learn more about
buyer representation by asking your Accredited Buyer’s
Representative or visiting REBAC.net.




Property Disclosures
Buying a home can present hidden risks. While sellers must provide prospective buyers with complete
and accurate descriptions of properties for sale, each state varies regarding the details sellers must
legally disclose to buyers. No matter where you live, smart buyers also exercise personal responsibility,
to whatever extent possible and reasonable, to help avoid unpleasant surprises.

The following list outlines numerous issues buyers should consider when purchasing property. Some are
addressed by sellers’ disclosure documents, others are not. Your buyer’s rep can counsel you on the specifics
in your state and discuss appropriate steps to discover and remedy potential property concerns.

HOME CONDITION—STRUCTURAL OTHER CONDITIONS LEGAL /FINANCIAL CONSIDERATIONS
✦ Roof ✦ Termite or other pest infestation ✦ Possible or probable short sale

S ✦ Foundation ✦ Flooding (including federally- or foreclosure
✦ Interior/exterior walls designated flood plain*) ✦ Violation of building codes, zoning

ke ✦ Fireplace/chimney ✦ Utility or other easements ordinances or other restrictive
es ✦ Floors ✦ Adjoining private roads (and
covenants
ms ✦ Windows/doors obligation to maintain) ✦ Zoning (restricting buyer’s intended
nd ✦ Ceilings ✦ Shared driveways, walls,
use for the property)
yer ✦ Garage or encroachments from or on ✦ Homeowners association obligations
✦ Patio/deck adjacent property ✦ Tenancies, judgments or tax liens
✦ Stigmas (including registered ✦ Proposed assessments or zoning
HOME CONDITION—MECHANICAL
sex offenders) changes
✦ Plumbing system
✦ Mechanics’ or materialmens’ liens
e ✦ Electrical system OFF-SITE CONDITIONS
✦ Heating and/or air conditioning Odor, smoke, noise, and hazards OTHER OFF-SITE CONSIDERATIONS
✦ Sewer and/or septic system affecting property due to proximity to: ✦ Neighborhood noise
ir
✦ Built-in appliances (e.g., barking dogs)
✦ Highways
✦ Other systems and fixtures ✦ Traffic
✦ Railroads
✦ Safety
ENVIRONMENTAL HAZARDS ✦ Commercial/industrial facilities
✦ Availability of, or consequences
✦ Asbestos ✦ Military installations
from, public parking
✦ Lead-based paint* ✦ Superfund sites
of ✦ Zoning (impacting how nearby
✦ Meth lab
✦ Toxic waste dumps property will be used in the future)
✦ Mold
✦ Radon

PREVENTIVE MEASURES
Buyers can take steps to reveal problems and reduce Home Warranties: Home protection plans can cover the
risk. Ask your buyer’s rep about the following options cost of future repairs to malfunctioning home appliances
and other appropriate measures. Inspections and or systems. Policy coverage and costs vary.
other preventive steps are especially important for
distressed properties. C.L.U.E. Reports: Comprehensive Loss Underwriting
Exchange Reports provide details on insurance claims
Home Inspections: A thorough home inspection should filed in the past five years, such as wind, water or mold
reveal structural or mechanical issues. Certain problems damage—considerations that could impact the cost of
may require a separate evaluation by a trained specialist. insuring the home.
*These items are subject to federal laws and must be disclosed in all states.




s
5 Reasons to Sign
e a Buyer Representation Agreement
If you’ve started looking for a home—and a real estate
professional to assist you—your buyer’s representative
may ask you to sign a Buyer Representation Agreement.
What is this form? Why should you sign it?

A Buyer Representation Agreement is a legal document that formalizes your working relationship with
a particular buyer’s representative, detailing what services you are entitled to and what your buyer’s rep
expects from you in return. While the language used in the document is formal, homebuyers should
view it as an important and helpful tool for clarifying expectations, developing mutual loyalty, and most
importantly, elevating the services you will receive.
re

n
1. Receive a higher level of service. If you’ve 3. Avoid misunderstandings. A Buyer’s Representation
formalized an agency relationship with a buyer’s rep, Agreement clariﬁes expectations, helping you
you can expect to be treated like a client instead of a understand what you should and shouldn’t expect
customer. What’s the difference? Clients are entitled from your buyer’s rep, and what they will expect from
to superior services, relative to customers. While the you, which usually centers on loyalty.
details vary from state to state, and from one buyer’s
agent to another, you can generally assume that 4. Agency relationships are based on mutual consent.
being a client means that you’ve formed a ﬁduciary, While most representation agreements specify
or agency, relationship with your buyer’s rep.1 a time period, they can be terminated early if both
parties consent. Most buyer’s reps are willing to
e 2. Get more without paying more. In almost every case, end the agreement early if the working relationship
h home sellers have already agreed to pay a buyer’s isn’t going well. Some buyer’s reps also offer
d agent’s commission. If they haven’t, you can ask your representation agreements for as little as one day,
g buyer’s rep to avoid showing you any such homes. for the purpose of giving both parties a brief trial
rs Or you can still view the home, knowing that you’ll period to explore working together.
need to factor your agent’s commission into any offer
you may write. While buyers rarely pay real estate 5. Strength as a team. When you and your buyer’s
commissions, this is an important detail you’ll want rep work together within a formalized agency
to discuss with your buyer’s rep and clarify in their relationship, you have created a team dedicated
representation agreement. to helping you achieve the best possible
home-buying experience.

n
d,
r 1
Note that not every state requires a signed Buyer’s Representation Agreement to create an agency relationship.
In some cases, an agency relationship can be formed if both parties simply behave as if one exists.
in

The ABR® designation is awarded by the Real Estate Buyer’s Agent Council (REBAC), a subsidiary of the
National Association of REALTORS® (NAR).

To learn more about REBAC and access various homebuyer resources, please visit www.REBAC.net.


The Negotiating Process
You’ve found a home that’s right for you and it’s time to make an offer. What steps are
involved in negotiating a real estate purchase?

STEP 1. RESEARCH AND PLANNING STEP 3. THE SELLER’S RESPONSE
Depending on market conditions, you may have to act When your offer is presented, the seller’s options are to:
quickly, before another buyer steps ahead of you. That
said, the best way to approach a home purchase is to arm Accept. If, after reviewing your written offer, the sellers
yourself with facts and to plan a negotiating strategy. Your sign their unconditional acceptance, then you will have a
ABR® can assist you on both these points. binding contract as soon as you are notified of the offer’s
acceptance.
When deciding what to offer for a property, current market
prices are the most important factor. Your ABR® can Reject. If the sellers reject your offer, you are released
provide valuable assistance in this regard—counseling of any obligation. The sellers cannot later change their
you on market conditions, price ranges, comparable minds and expect to bind you to a contract based on
properties, and appropriate negotiating strategies. that offer.

STEP 2. SUBMIT AN OFFER Counteroffer. If the sellers like most aspects of your offer,
Real estate transactions require a written contract, which they may present a written counteroffer that includes
conveys an initial written offer. A check for earnest money the changes the sellers want to make. You are then free
usually accompanies an offer. to accept their counteroffer, reject it, or make your own
counteroffer to their counteroffer. This process can repeat
Your offer will specify price, plus all the terms and itself as many times as it takes for you and the sellers to
conditions of the purchase you want to negotiate. Your agree on the sales contract. At this point, negotiations are
ABR® provides a valuable service by helping you use over and the terms of the sale are final.
standard forms that are kept up-to-date with changing
real estate laws, which vary from one state to another, and It is important to note that the negotiating process always
by explaining the negotiating impact of including various moves forward; buyers cannot decide at a later time
terms and conditions. to accept a counteroffer that they previously rejected.
If the property is still available, buyers must reinitiate
negotiations by submitting a new offer.

WITHDRAWING AN OFFER
Can you take back an offer? In most cases the answer
is yes, right up until the moment your offer is accepted.
1. Re se
and Parch
lannin
In some cases, you can withdraw an offer before you’ve
g been notified of its acceptance.
2. Su b
m
an Offe it If you want to withdraw your offer after acceptance,
r be sure to do so only after consulting a lawyer who is
3. Th e experienced in real estate matters. You want to avoid
Re spoSe lle r’s
nse losing your earnest money deposit or a lawsuit for
damages the sellers incurred because of your actions.




Customer or Client?
ge What’s the difference?
In real estate transactions, buyer-clients are entitled to a higher level of service than buyer-
customers. Becoming a client typically involves signing a Buyer Representation Agreement with
a buyer’s representative, who then owes you fiduciary duties. This means that your buyer’s rep is
expected to exercise discretion when acting on your behalf, including adhering to very specific
responsibilities, obligations, and high standards of good faith and loyalty.

For example, if you’re a client, a buyer’s agent will seek If, however, you are only a customer, a buyer’s rep may
to negotiate the most favorable transaction terms for not be in a position to answer even basic questions,
you—and will not disclose any material facts about your such as “Why are they selling?” or “Is this home priced
e situation that could hurt your negotiating position. competitively?” This is because they are acting instead
e as a sub-agent for the seller.

ts YOUR SERVICES WILL VARY, DEPENDING ON YOUR STATUS.

If you are a CUSTOMER If you are a CLIENT
(no fiduciary relationship), an agent will: (fiduciary relationship), your agent will:

Maintain loyalty to the seller’s needs Pay full attention to your needs

Tell the seller all that they know about you Tell you all that they know about the seller

Keep information about the seller confidential Keep information about you confidential

Focus on the seller-client’s property Focus on choices that satisfy your needs

Provide just the material facts Provide material facts as well as professional advice

Only provide price information that supports Provide price counseling based on comparable
the seller’s listing price properties and their professional insights

Protect the seller Protect and guide you

Negotiate on behalf of the seller Negotiate on your behalf

Attempt to solve problems to the seller’s advantage Attempt to solve problems to your advantage
and satisfaction and satisfaction

* Note that not every state requires a signed Buyer’s Representation Agreement to create an agency relationship.
In some cases, an agency relationship can be formed if both parties simply behave as if one exists.

The Accredited Buyer’s Representative (ABR®) designation is awarded by the Real Estate Buyer’s Agent Council
(REBAC), a subsidiary of the National Association of REALTORS® (NAR).

To learn more about REBAC and access various homebuyer resources, please visit www.REBAC.net. TBR • February 2010 7


What Do You Want
and Need in a Home?
Finding a new home can be exciting. But deciding Most homebuyers invariably face trade-offs. Your
what you truly want and need—and can afford—can buyer’s representative can play a key role in helping
be challenging. Making these decisions begins with you sort out your options. He or she can also offer
setting priorities among many different preferences. important insights specific to your local market.

Here are many of the considerations you’ll want to discuss with your buyer’s rep:

Basic Home Features Neighborhoods/Location Related Costs
F Do you prefer a single-family F Commuting considerations F Homeowner association fees?
detached home, townhome, (to work, shopping, etc.)
F Property taxes
condominium, or other type
F Proximity to desirable features
of property?
(such as a community center, Trade-offs
F Desired
number of bedrooms exercise facility, school, hospital, etc.) F How much do you want to invest
and baths
F Views—how important is to find in a home beyond the purchase
F Preferences regarding kitchen, your ideal view (overlooking a park, price, either financially or in terms
dining, family rooms, etc. and for example) or avoiding a bad one of sweat equity, if you can’t find
preferred home layout (a busy highway)? exactly what you want?
F High-priorityhome features, F Areyou willing to consider other
such as kitchen appliances, Lot Characteristics neighborhoods that provide
fireplace, etc. F Sizeand shape, including back, better affordability?
front and side yards
F Other types of rooms needed
F Landscaping considerations—the Resale
(e.g., a home office or a
hobby space) need for open play areas, privacy, F How long do you plan to live in
patio space, decking, etc. this home? How does this impact
F Storage
spaces (closets, the type of home you will buy,
basement, an outdoor shed, etc.) F Home orientation—is it important how much you’ll spend, and your
for your home to face a particular choice of location?
F Need for a garage or direction?
parking space, and if so,
for how many cars?
Life at Home
F If you’ll be sharing your home
Other Home Preferences
with children, pets, live-in parents
F Ranch, two story, split level, etc. or others, how does this impact
your housing preferences?
F Age and style of home Both now, and in the future?
(Victorian, bungalow, modern, etc.) (For example, pets may require a
F How important is energy fenced-in yard; older parents may
efficiency or other green dictate one-floor living.)
home features? F Proximity to neighbors

The Accredited Buyer’s Representative (ABR®) designation is awarded by the Real Estate Buyer’s Agent
Council (REBAC), a subsidiary of the National Association of REALTORS® (NAR).

To learn more about REBAC and access various homebuyer resources, please visit www.REBAC.net. TBR • February 2010 7


Foreclosure Disclosure
Continued from page 5

5.Are there exceptions to Successful buyer’s reps know the
reporting cycle and monitor the results.
That’s why this is such an important issue
today. But knowledge and experience
Alternative Buying Options
the rules?
Even though REOs and short sales are
They understand that an offer that was
turned down a few weeks ago might be
gained now, while foreclosures are more
common, will still be valuable when they
Is a distressed property right for you?
nontraditional transactions based on accepted in the wake of a price reduction are again the rarity we all hope they will
very specific and unique rules, it is made in response to the latest MMR. soon become.
also true that there are occasional Distressed sales are a sad fact of the real estate it’s important to learn all you can about distressed
exceptions to the rules. Never say never. Today’s Lessons = Future Benefits Unfortunately, distressed sales are
For example, even though a property
market. While no one wants to see a homeowner properties—and to work with a qualified buyer’s
Real estate business will of course always going to happen. So developing a
is offered “as is/where is,” it is possible thorough understanding of the transaction lose their home, these properties also present representative who can guide you through each step
that the seller may make repairs, but this continue to be conducted in the
traditional way. But until local markets will only serve to make you a better unique opportunities for buyers. To determine of these complex, non-traditional transactions.
could come at a price. buyer’s rep. Now and in the future.
across the country stabilize, a thorough
whether you are a candidate for such a purchase,
understanding of what I call the new
6. Know your market—
really know it
normal is essential for everyone involved
in today’s real estate industry. While Educate Your Buyers
When foreclosed properties are a small the points outlined here are far from
part of the overall inventory, keeping a Many consumers are interested
finger on the pulse of these transactions
comprehensive, they provide a start
in exploring distressed Foreclosure is a process, with buying opportunities at each stage:
towards that understanding—and towards
isn’t pressing. But in markets like mine, helping your buyer-clients benefit from properties as a possible path
it’s imperative. these new conditions. to home ownership, but not
Stage 1. Pre-foreclosure – Questions to ask yourself: Next Steps
all buyers are good candidates.
Lenders usually give their asset managers With so much of the inventory comprised a period of time that begins with the Your buyer’s representative can give Your buyer’s representative can
a window for negotiation within several
Our latest one-sheet, on
of distressed properties, it would be a initial mortgage default and ends when you specific guidance based on your assist you further in answering these
percentage points of a property’s the following page, can help the distressed property is sold. situation and the type of distressed and other questions which will help
disservice to your buyer-clients—perhaps
determined asking price. But that asking even a breach of fiduciary responsibility— facilitate a conversation property you want to purchase. But for you determine whether this path to
price often changes in response to the if you didn’t investigate these properties on this topic. Stage 2. Foreclosure sale – starters, consider these questions: homeownership is right for you.
Monthly Market Report (MMR). for them. when the property is auctioned to the
highest bidder, someone who also F Are you flexible on timing? Can
meets the terms of the sale. you make a quick decision and/or
accommodate months of possible
Stage 3. REO (real estate owned) – delays?
Is your purchase limited by any
Deepest Foreclosure Discounts if a foreclosure sale is not successful, F
property ownership is transferred to contingencies, such as needing
States with the largest percent of savings based on February 2010 average sales price vs. average foreclosure sales price. the lender. to sell your current home first?
F Have you already secured
What is a short sale? financing?
This is a situation in which a
Illinois seller owes more on their loan than
F Do you have resources to repair
and rehab the property, if needed?
Kentucky a sale of the property will produce,
and they are unable or unwilling F If you are buying the property for
Ohio to make up the difference at closing. investment purposes, what is
Louisiana The seller may or may not be in your action plan? Do you intend
pre-foreclosure. Banks may to rent or resell? Or perhaps
New Jersey
consider a short sale to a new inhabit the property until market
Tennessee buyer to reduce their losses. conditions improve?
District of Columbia
Pennsylvania
Delaware
Mississippi
Source: ReatyTrac
0% 25% 50% The Accredited Buyer’s Representative (ABR®) designation is awarded by the Real Estate Buyer’s


6 TBR • May 2010


Why Work with
an Accredited Buyer’s
Representative?
Buying a home may be the largest and most complex financial
transaction you ever undertake. If you’re ready to buy a home,
wouldn’t you prefer to work with the most qualified real estate
professional you can find?

An Accredited Buyer’s Representative stands out in the crowd.
If your REALTOR® holds the ABR® designation, you can trust that
they have the extra edge when it comes to KNOWLEDGE AND EXPERIENCE.

Why?
The ABR® designation is only You can expect your ABR® to: Not all buyer’s representatives
awarded to licensed real estate • Understand your specific needs are equal. Only a buyer’s rep who
professionals who complete and wants, and locate appropriate has earned the Accredited Buyer’s
specialized training that gives properties Representative designation has made
them the edge in understanding a • Assist you in determining how the extra effort to raise the bar, with
buyer’s perspective and protecting much you can afford (pre-qualify additional training and experience.
and promoting their buyer-clients’ your mortgage) If you work with an ABR®, you can feel
interests. Before earning the ABR® confident that you’ll receive the highest
• Preview and/or accompany you
designation, buyer’s reps must also level of buyer-representation services.
in viewing properties
demonstrate proven experience in
representing buyers. Further, they • Advise you in formulating your offer The ABR® designation is awarded
are committed to maintaining their • Help you develop your negotiating by the Real Estate Buyer’s Agent
professional edge by staying current strategy Council (REBAC), a wholly-owned
on the latest issues and trends in subsidiary of the National Association
• Provide a list of qualified vendors
buyer representation. of REALTORS® (NAR).
(inspectors, attorneys, lenders, etc.)
for other services you may need
When you work with an ABR®, you’ll
be served, not sold. Your interests • Keep track of every detail throughout
become their interests. They’ll the transaction—to closing and
make your home buying experience beyond
go as smoothly and successfully
as possible.

The ABR® designation is awarded by the Real Estate Buyer’s Agent Council (REBAC), a wholly-owned subsidiary
of the National Association of REALTORS®.



Final Walk-through Checklist
GENERAL APPLIANCES

■ Have all agreed-upon repairs been completed? Do all appliances included in the home operate correctly?

■ Has the associated paperwork been submitted? ■ Refrigerator

■ Have the sellers removed any contents that are ■ Dishwasher
supposed to stay?
■ Stove, cook-top, oven, microwave
■ Is the home relatively clean and ready for new
occupants? ■ Garbage disposal

■ Other specialized kitchen appliances (e.g., warming
drawers, wine coolers, trash compactors)
WALLS, CEILINGS AND FLOORS
■ Exhaust fans (kitchen and bath)
■ Are there signs of new damage? (water damage,
gouges, stains, etc.) ■ Heaters (bath)

■ Ceiling fans

ELECTRICAL

■ Do all light ﬁxtures work? HVAC

■ Does every outlet have power? ■ Test the furnace and/or air conditioning system

■ Are any vents blocked?

PLUMBING

■ Test each faucet. (On/off? Water pressure? EXTERIOR
Hot/cold water?)
Has there been any damage to:
■ Check under sinks for leaks
■ exterior walls or roof?
■ Do all toilets ﬂush properly?
■ driveway?
■ Are any drains clogged?
■ landscaping?

■ other structures on the property?
WINDOWS/DOORS

■ Do all windows open, close and lock properly?

■ Do they all have screens (if applicable)?

■ Do all exterior and interior doors open and close properly?

■ Do the locks work?

■ If there’s an electric garage door, is it operational?

■ Do all cabinet doors/drawers open/close?

The ABR® designation is awarded by the Real Estate BUYER’S AGENT Council (REBAC), a subsidiary of the
National Association of REALTORS® (NAR).



5 Steps to Obtaining a Mortgage
Today’s stricter lending environment
means that processing a mortgage
2. DISCUSS YOUR OPTIONS 4. GET PREAPPROVED
application is more complex than Deciding what type of mortgage Completing a loan application with
ever, given the number of steps that is best for you depends on your one or more lenders will help confirm
lenders, underwriters, and mortgage personal situation, your financial whether your intended mortgage
insurers must all complete before scenario, and your future plans. financing plans will work out as
home buyers truly have their financing For example, if your down payment hoped, or if you must modify your
in place. isn’t large enough to qualify for plans. It’s important to understand
a conventional loan, an FHA since preapprovals are contingent
To help ensure the process goes mortgage can be an excellent option. upon the lender receiving full
smoother, you can also take steps of Alternately, you may qualify for an documentation, your preapproval
your own. It’s a good idea to discuss attractive program offered at the does not guarantee that you have a
the process with your Accredited national or local level. Mortgage mortgage. Still, it’s an important first
Buyer’s Representative (ABR®), programs are always changing, so ask step that will also put you in a better
even before shopping for homes. By your ABR® about current options. negotiating position with sellers.
planning ahead, you’ll be in a much
better position to negotiate and move 3. INTERVIEW LENDERS 5. COMMIT TO A LENDER
forward on a purchase—and avoid ®
Your ABR can provide several As soon as you are under contract to
any unpleasant surprises regarding recommendations, based on past purchase a home, commit to working
your mortgage. home buyers’ experiences. Rates with one lender to complete your
and fees are typically very competitive mortgage application. You will probably
1. EVALUATE AFFORDABILITY between lenders, so it’s often more be charged a fee at this point because
Lenders and mortgage insurers look important to focus on other factors, this is when the lender starts incurring
at a variety of factors, but the two including the level of service provided processing expenses on your behalf.
most important are your monthly and how well they’ve executed Show your lender that you are serious
mortgage payment and your total debt transactions for other buyers. The about working in partnership with
load, relative to your gross income. type of mortgage you are seeking them by submitting all the required
As a home buyer, it’s also important may also impact your choice of documentation as quickly as possible.
to consider additional expenses, lender, since some are more familiar
beyond your mortgage payment, that with certain mortgage programs Following these five steps will greatly
can impact how much home you can than others. improve your results in getting a
afford. Depending on your situation, mortgage. Count on your ABR® to
these other expenses could include provide more detailed information on
property taxes, mortgage insurance, each step in the process and answer
homeowners insurance, home any questions you may have.
maintenance expenses, homeowner
association fees, parking expenses,
and utilities.



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