Claire LeBlanc - REALTY EXECUTIVES



Posted by Claire LeBlanc on 6/17/2020

Photo by Wulfman65 via Shutterstock

When youíre thinking about purchasing a home, an old house versus that new one is something to ponder. If youíve thought about buying an older home, consider each of these areas before making an offer. Have your agent write contingencies into your contract, and by all means, donít forego an inspection.

Consider HazMat

Say what? A lot of folks donít realize that over the years, materials routinely used in homebuilding fall out of favor and become potential issues when you decide to renovate or remodel your older home. Some examples of hazardous materials are:

  • Lead pipes. Once used for standard plumbing, even sealed lead pipes can eventually allow toxic lead to leach into your water. Replacing all the plumbing in your home is an extensive and expensive process entailing removing floors and walls, tearing out concrete, and digging up landscaping. Before making an offer, have the water tested for lead.
  • Lead pipes arenít the only problem. Older homes often have lead paint as well. Although it may be painted over with a non-hazardous paint, if paints chip and reveal the older materials, you might be exposed to higher concentrations of lead than you realize.
  • Asbestos. Homes built before the 1980s often had asbestos in the ceiling texture and insulation. Removing asbestos is an expensive side cost to any renovation. In addition to interior asbestos, many homes have asbestos siding and roofing materials that require HazMat removal as well. If the existing materials remain in place, thereís no law against them, but if you disturb them to install an addition or reface your home, they require proper mitigation.

Structural Challenges

A common issue with older homes is damage to the foundation from years of shifting ground, water seepage and expansion, and improper additions. When more weight sits on a home, from a new roof installed over the top of the old one, for example, the extra weight puts stress on bearing walls and the foundation. Footers exposed to erosion from running water might not continue to carry that weight. You wonít notice it at first, but eventually, youíll find yourself repairing cracks in the plaster more frequently. An experienced home inspector will detect potential problems, so pay attention to the inspectorís report about potential, future issues with a home.

Lastly, older homes have long-term exposure to pests. Termites, carpenter ants, and other wood-damaging pests can hide their damage from you, but an inspector knows where to look. Along with disclosure of asbestos and lead issues, insist on pest control mitigation in your contract for an older home. Let your agent know how old a home youíre willing to purchase to avoid these issues.




Tags: Homebuyer   Renovation   old house  
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Posted by Claire LeBlanc on 1/29/2020

Photo by Mohamed Hassan via Pixabay

Buying and selling real estate is a complicated process that takes time. Because you are making a life decision and dealing with strangers, you should always have a valid purchase contract. Real estate agents use a standard contract, but the buyer and/or seller may make changes to that contract. In making changes, be careful not to make the contract invalid.

A Valid Contract

Four elements make up a valid contract:

  • You must have an offer. In real estate, this is the party purchasing the real property.

  • You must have consideration. This is something of value, usually cash. In real estate contracts, this is called good faith money or earnest money and is usually 1 to 3 percent of the purchase price. The good faith money is typically non-refundable should the buyer back out of the contract. The consideration shows that the contract is not a gift.

  • The other party must accept the offer in the contract. If the seller signs the contract, they accepted your offer. However, if the seller does not accept your offer, they do not sign the contract. If the seller wants to counter, this may be verbal until the two parties agree upon a number. The real estate agent drafts a new contract that both parties sign.

  • Finally, the contract must contain mutuality or what attorneys often call “a meeting of the minds.” By signing the contract, the parties agree that they understand and agree to the terms of the contract.

Components of a Real Estate Contract

A real estate contract must contain:

  • The buyers’ full names.

  • The sellers’ full names.

  • The address and legal description of the property.

  • The purchase price and how the buyer will pay it, whether cash, cash subject to a new mortgage, cash subject to an existing mortgage, cash with the assumption of the existing mortgage or sale by land contract.

  • The amount of earnest money.

  • How the buyers and sellers will handle real estate taxes, assessments and adjustments.

  • How the sellers will transfer title and that the title is free and clear.

  • Date and time of possession of the property or closing date. In most cases, this is the closing date since most people do not have the cash to buy the property without a mortgage. It generally takes 30 to 60 days for a mortgage to be approved.

  • A list of improvements and fixtures that the seller will include in the purchase price.

  • Any other general or special conditions for the sale and/or purchase of the property.

Exceptions

Most real estate contracts also have exceptions. If these terms cannot be met, the buyers’ non-refundable deposit becomes refundable. Common exceptions include an inspection meeting the buyers’ expectations and the ability of the buyer to procure financing. The parties may further negotiate the price of the real estate based on the inspection. The parties may also add any other agreed-upon exceptions.




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