CAVEAT VENDOR (“LET THE SELLER BEWARE”) by Douglas S. Tingvall

This article contains general information only, and should not be used or relied upon as a substitute for competent legal advice in specific situations.

RE LAW Bulletin No. 037 Page 1 of 1 Revised 9/1/02

 

CAVEAT VENDOR (“LET THE SELLER BEWARE”) by Douglas S. Tingvall

Since 1995, home sellers have been required by state law to complete a detailed property condition disclosure statement – commonly known in the Seattle area as NWMLS Form 17. The law applies to most sellers of houses (up to a fourplex), condominiums and manufactured homes. Some sellers, such as personal representatives of an estate, are exempt from the requirement to complete a Form 17, but are still required under case law to disclose existing material facts known to the seller and not apparent or readily ascertainable to a buyer.

The form itself serves as a checklist and reminder of defects in a home. Form 17 contains questions covering title, water and sewer, structural, systems and fixtures, common interest, and other matters affecting the property. Sellers are required to complete, sign, date and deliver the form to the buyers within five business days after entering into an agreement to sell the property. The buyers then have three business days to review the sellers’ disclosures and withdraw their offer, if the buyers have concerns that the sellers do not address to their satisfaction.

Your real estate agent can provide you with a copy of the required form, but is not permitted to assist you in completing it. The sellers, as owners of the property, are usually in the best position to know the most information about the property. However, Form 17 is a frequent source of claims against sellers and should be taken very seriously. In completing the form, sellers should take adequate time to think about their answers and consult their attorney, if they do not understand a question or want legal advice as to how to answer a question.

Douglas S. Tingvall

Attorney at Law

12015 93rd PL NE

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Have a Showing Scheduled for your Home?

You want to sell your home for the most amount of money in the least amount of time.  You’ve doubtless heard that curb appeal is one of the most important factors in marketing your home–it’s the buyer’s very first impression of your home–so it needs to look trimmed, raked, and uncluttered. Ok, so they like the outside–but what about the inside?  We have a couple suggestions which will help prepare the inside of your home for a showing.

When buyers walk through a house they are considering, they are picturing themselves inside the home. What would it be like if I had holiday gatherings here? What would it be like if my friends and relatives came to visit?  How will my great grandmother’s China hutch fit? They are imagining a story of their future lives with your home as the setting. To encourage a positive connection to your home, it’s important that you make it easier for the buyers to imagine themselves living in your home.  Here’s a few tips to help you get started:

  1. Remove the clutter from all the surfaces in your home.  This includes kitchen counters, coffee tables, beds, etc.  Store your clutter temporarily in a storage unit or the attic–where buyers are unlikely to come across it. Decluttering will help a room feel more open and the buyer will feel more room to place their belongings within your house.
  2. Redecorate your home in neutral colors with only a few pops of bright colors (like flowers or houseplants).  This gives the buyers’ creativity freedom to roam and they won’t be distracted or overwhelmed by a unique color palette or pattern they aren’t used to.
  3. Help the buyers create their own story by creating an inviting atmosphere: the fresh smell of baking cookies, a roaring fire in the fireplace, a board game on the table ready for entertaining night at home…you get the idea.
  4. Take your pets for a walk during the showing. This will take the pressure off or relieve any anxiety the buyers may have around pets, thus increasing your chance that they will fall in love with your home–just the way you did when you chose to buy your house!

And, if you need additional help staging your home to look its best, we have over 20 agents who would love to help you and give you advice on making your home perfectly presentable. Give us a call at (509) 783-1431!

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Are you ready for this freezing weather?

According to the Tri-City Herald today, we could be getting some freezing fog tonight and early tomorrow–a good reminder to make sure your home is ready for the freezing temperatures!  Here are a couple tips to help protect your home and save money as the temperature drops:

  • Have your thermostat set at 55 degrees or higher to keep your pipes from freezing
  • Consider weatherstripping your doors to keep the heat inside your home
  • An easy and inexpensive way to insulate your windows and trap heat is to use bubble wrap!
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Housing Market Improves

The National Association of Home Builders has listed Kennewick on the First American Improving Markets Index due to a rise in house prices, employment and new building activity.  The index, which is released monthly tracks housing markets throughout the country that are showing signs of improving economic health. The index measures three sets of independent monthly data–employment growth (Census), house price growth (Freddie Mac) and single-family housing growth (Census) to identify the top improving markets.

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Free Homebuyer Education Seminars

Did you know that Washington State Housing Finance Commission offers Commission Sponsored Homebuyer Education Seminars FREE to the public?

These seminars are free, open to the public, include information about the Commissions Home Advantage first mortgage program, downpayment assistance, and other loan programs?

The seminars are:

  • Accepted by all affordable housing loan programs as meeting or exceeding educational requirements.
  • At least five hours in length in order to cover all major aspects of the home buying process.
  • Have approved training materials and handouts.
  • Offered by professionals who have undergone Commission’s instructor training.
  • Free of direct marketing and sales presentations.

Find a class near you:  http://www.wshfc.org/buyers/schedule.htm

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Bank of America to Eliminate Second Liens!

Bank of America announced that it will forgive second-lien mortgages for about 150,000 of it’s borrowers. 150,000 letters were mailed to Bank of America customers who may be eligible for the program.   The program is intended to provide relief to some mortgagees who are having difficulties making their first mortage payment while assisting in increasing equity.  Those who qualify will have the full unpaid principal balance forgiven automatically if eligible.

Good news for some struggling families!

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Your Distinctive Checklist

The complex process of applying for a mortgage is made simpler once broken down into steps.   To simplify that aspect of achieving Home Ownership, here is a checklist for you:

  • Determine Your “ Mortgage Limit” – (How much mortgage you can afford)

One of the first steps in the home buying process is to determine how much home you can    afford.  A financial institution’s mortgage limits will take into account a variety of factors, such as your income, debts, your down payment, and more.  In determining a borrowers’ mortgage limit, the general rule is a monthly mortgage  payment (including principal, interest, property taxes and insurance) should not be more than 25% to 28% of your monthly pre-tax income. FHA loans set the  mortgage limit at 29%.  You can increase your mortgage limits by lowering your debts before you begin shopping for a mortgage.

  • Check Your Credit

Why? When obtaining a mortgage, your credit may be the most vital piece of financial information you have to obtain a mortgage with the best interest rate.  Borrowers with high credit scores, between 760 and 850, can expect lenders to offer them lower interest rates and more loan choices. Scores of 620 or lower care considered  below prime and those borrowers can expect to be quoted significantly higher interest rates and may be offered fewer varieties of loans.

  • Determine The Type of Loan For Your Needs:

You will be paying this mortgage for 15 years or more.  So it is important to determine the right one. When considering a mortgage option, look at the total cost of the loan.

Fixed Rate Mortgage—which are currently the most popular loans, offer no surprises.  Your monthly payment will remain the same over the life of the loan.  This is optimal for planning and budgeting.

Variable Rate Mortgage– With this option, you pay a lower rate in the beginning, which offers low payments, but over time that rate increases which can cause the monthly payment to      skyrocket and cause the homeowner to struggle.   If you do not plan on living in the home for a lengthy time, or expect a larger income in the    future, this may be a good option.

Insured Mortgage– The Veterans Administration and the Federal Housing Agency offer insured mortgages through lenders.   Standards on these insured mortgages are a bit looser than those from traditional lenders. (you may be able to get a loan with a smaller down payment. This can be a great option if you can afford a monthly mortgage payment but are struggling to save for a down payment)

  • Get Pre Approved

Save stress and know what you can afford by getting pre approved.  Pre-approval puts you closer to a actual loan and means that the lender has completed a credit report, checked your debt-to-income ratio, and has done a more in-depth analysis of your financial situation to determine your loan amount.  Don’t confuse this with a pre qualification, which is very informal discussion where no facts are checked and the loan amount is not “approved”

  • Lock In Your Rate

When you receive a quoted rate from a lender it means very little until it’s actually locked,” by a bank/lender.  When you “lock” in an mortgage rate, you are guaranteed the interest rate and it’s terms.  You must also choose a lock term.  The most common lock term is 15-45 days, which is the average time it takes for a loan to close.   You always have the option to extend your rate lock at a minimal cost if the loan closing process gets delayed.

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Applying for a Mortgage Loan?

Be prepared….. having the following documents available will help streamline the application process.

Employment History/Income Source:

  • Name, address & phone numbers of all employers for the past two (2) years.
  • W2’s for past two (2) years.
  • Most recent pay stub from employer.
Self Employment
  • Past two (2) years tax returns with all schedules attached.
  • Current balance sheet & year to date income statements.
Source Of Funds For Closing
  • Name, address & account numbers for all checking, savings and investment accounts.
  • Most recent bank statement for all accounts.
  • Closing statement on sale of prior home.
  • If using gifted funds, gift letter and verification of funds.
Debts/Obligations – Provide account number monthly payments and approximate balance for all of the following type of debts:
  • Auto Loans.
  • Credit Cards.
  • Signature Loans.
  • Landlord payments.
  • Mortgage Loans.
Miscellaneous Information & Documents
  • Initial deposit for credit report & appraisal.
  • Copy of earnest money agreement/contract.
  • Child Care Letter/explanation.
  • Bankruptcy papers and discharge, if applicable.
  • Photo ID, SS Cards  (FHA only).
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Financial Benefits To Buying A Home…

So other than fulfilling the American Dream, there are other benefits to purchasing a home.   Here are just a few…

1 – Mortgage Interest Deduction;  The United States still allows a home mortgage deduction – with limitations.

2 – Property Tax Deduction; Real Estate property taxes for a first home, paid, are fully deductible for income taxes.

3 – Capital Gain Exclusion;   If you have resided in your home for more than five years, you may exclude up to $500,000 per married couple.  ($250,000 per individual)

4 – Preferential Tax Treatment;  Receipt of more profit from the sale of your home than the allowable exclusion – profits will be considered a capital asset as long as you owned your home for more than a year.

5 –  Building Equity: Over time, you may be able to use your home’s equity for home improvements, or paying off higher interest debts.

 

Find out the benefits in owning your first home.  Contact us today for a no obligation consultation.

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