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This is some general information about residential real estate transactions
to assist you in understanding the issues that may arise during your transaction.
This information is addressed to both the buyer and the seller.
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If your contract has already been signed, you are now looking forward to an
uneventful closing on the closing date stated in your contract. Sometimes, there
are obstacles that you must face which can cause delays and extra time may be
required on those issues. If the sale depends on the buyer's ability to obtain
a mortgage or qualify for a mortgage, please remember that the lender is not
a party to your contract, although the lender may try to meet the anticipated
closing date.
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The mortgage broker or the bank officer has the responsibility to tell the
borrower exactly what is needed and the buyer/borrower must accomplish these
things in advance in order to minimize any delay (i.e., obtaining insurance,
financial information, income verification, check copies, etc.). Ask the person
who assisted you in obtaining the loan what must be completed and comply with
the requests as quickly as possible. You must allow enough time to obtain appropriate
insurance. A lender will ordinarily require a survey on the property. If your
attorney is doing the mortgage title insurance, they will arrange for the survey.
If you wish to obtain the survey yourself, you must inform the attorney assisting
you as soon as possible; do not wait until the day before closing is scheduled.
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WHY IS IT TAKING SO LONG TO GET THE CLOSING DONE?
The closing process can seem quite detail oriented and time consuming, but
be rest assured that your attorney will do everything within their power to
complete the closing on time. Unfortunately, the attorney has no power over
the lender. In any transaction, if there are extrinsic contingencies (things
outside the control of the attorney), before following through with the next
step, those contingencies must be complied with. If a buyer is purchasing in
a condominium or homeowner's association that requires approval, the buyer should
immediately set that appointment and obtain the necessary document of approval
from the association. Please remember that your contract is the document
which controls everything in this closing and do not make any inconsistent
statements or oral promises which differ or could be misunderstood because they
may cause problems. Also, please remember that lenders and others want documents
faxed to them and sometimes many copies of all documents signed. You may be
charged for these costs, plus applicable courier, federal express, long distance
calls, etc.
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WHAT ABOUT REPAIRS I MAY NOT NOTICE UNTIL AFTER THE CLOSING?
Most residential real estate contracts include a paragraph about inspections. If this is the case, then an inspection should be done before the sale is complete. Buyers should be extra careful to complete the necessary inspections in a timely manner so as to comply and to meet contract deadlines. If the inspections are not done in accordance with the contract dates, all rights for the buyer may be lost.
Sometimes repair issues can cause problems. If brokers are involved, try to
work with the brokers to resolves these issues. If this cannot be done, of course,
your attorney should assist you, but that takes additional time for which you
may be charged.
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HOW WILL I KNOW EVERYTHING ABOUT MY PROPERTY PURCHASE?
Sellers should let all the representatives know all information about any existing mortgages, maintenance information and addresses and should keep all payments current, so as to avoid any late charges.
Sellers should provide their attorney or closing agent with all appliance contracts
for any possible proration. Borrowers should also remember that they are not
truly approved for a mortgage until a written loan commitment has been received
from the lender. That document is vital and lenders do not always give that
approval until the very last minute, despite what brokers' statements may say.
If the borrower does not comply promptly with the lender's requests for information,
the loan will be delayed, sometimes the closings are postponed and the parties
will lose patience.
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WHAT SHOULD I BRING TO THE CLOSING?
Buyers will usually need to bring cashier's checks to the closing, (no money
order, no personal checks and credit cards!!), made payable to the closing agent,
title company or attorney handling the closing, whichever applies. If a loan
is involved, lenders ordinarily do not give the closing agent loan figures until
the last minute, sometimes figures are received on the day of closing. Remember,
your attorney, the closing agent nor the title company are capable of controlling
how the lenders work. Therefore, buyers may find themselves required to obtain
cashier's check at the last minute. Estimates for the money needed are usually
made and then at closing, applicable refunds are made. Estimates are usually
more than may be actually needed. Neither Buyer nor Seller should come to a
closing until they have been informed when and where the closing will take place.
Sometimes lenders do not send the sums needed to close until the day of the
closing, so the closing might have to be late in the day. The last business
day of the month is usually a hectic closing day.
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WHEN SHOULD THE SELLER HAVE THEIR BELONGINGS OUT?
Sellers should arrange for the property to be vacant, and all personal property that is not included in the sale, including clothing and household items, medicines, etc., should be removed before the closing takes place.
Sellers must have all the keys to the property, including any mailbox or recreational
keys or passcards, available to the buyer at the closing.
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****The foregoing is not intended as an exhaustive review of residential real estate law. This information is not to be regarded as legal opinion applicable to all circumstances. Each factual scenario is different and requires unique and individual advice. The information provided herein should not be relied upon and any person with inquiry or concern should consult an attorney.
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