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What Conditions Do You Want To Place
On Your Buying The House?
When you commit to buy the house
through your offer, you may make that commitment contingent
upon certain things happening, such as you securing
financing for the home. In a similar vein, you may
make the purchase contingent upon the sale of your
present home by a certain time and under certain terms.
You will also want to make
sure the house is in good shape. You may make the
contract subject to your being satisfied with a building
inspector's report and/or an inspection for termites.
The purchase should also be subject to your being
satisfied with your own inspection of the house just
prior to closing.
What Are You Buying?
The contract should spell out
everything that is part of the purchase that may not
be clearly part of the real estate. Common items that
could cause questions include appliances, light fixtures
(such as the chandelier in the dining room), shades,
blinds, curtains and rods, screens and storm windows,
shelving or cabinets, potted flowers, shrubs and trees,
or perhaps a swing set that is cemented down.
What Special Provisions Should
Be Included?
Most contracts for sale include
some standard provisions, such as one for property
taxes, insurance costs, utility bills, and special
assessments to be prorated at closing between buyer
and seller. Others outline particulars about what
happens if the property is damaged before closing
or if the seller or buyer fails to go through with
the sale. You may want to add your own special provisions.
For example, you may want a new home builder to provide
you with home warranty insurance at no cost to you.
When Should Closing Occur and
When Do You Take Possession?
The contract will have a place
for you to write in the time when you would like to
take physical possession of the house. If you can't
go through with the purchase because the closing doesn't
take place by a certain time, the contract should
say "time is of the essence". This statement
binds you too, so be sure you can fulfill your part
of the contract by the stated date.
The Settlement Process
All the pieces are starting to come
together. Your lender has approved your loan. Except
for the seller's paying off the existing mortgage,
the title is clear. The property inspector you hired
has submitted a report and finds no major structural
or mechanical flaws in the house. You, your realtor,
and the seller's agent have completed a "walk-through",
a final inspection of the property. (The walk-through
inspection assures you that no damage has occurred
since the property inspector looked over your house
or that work you specified in the contract was completed.
With new homes, you'll often find details that aren't
completed when you made the offer, so they were listed
in the contract to be completed before closing.)
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