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The Guide For

First-Time Buyers

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Making an Offer

Your real estate agent will prepare an Offer Sheet with all of the details of the offer: financing, desired closing date, contingencies, inclusions, etc. You must review and sign before offer can be submitted. Along with the offer, a pre-approval or proof of funds (if applicable) must be submitted.

Once you sign the offer document, it is sent by your agent to the listing agent for the property and he/she will present the offer to the seller. Within a day or so, a response will be sent and could be any of the following: 1.) accepted as presented 2.) a counter offer 3.) a rejection of the offer. Your offer is not binding and you can decide to withdraw your offer at any point up until you sign the contract. Also, your offer is not binding and seller can decide to accept another better offer at any point until contracts are signed.

The accepted offer is the most desirable first response but does not happen often! The counter offer will allow you to revisit what you are willing to pay and possibly present a counter offer in return. And the rejection could mean that your offer was too low or they have already accepted someone else’s offer. If you really want the property, it is good to keep the negotiations alive until you achieve an accepted offer.

It is important to remember that offers can be made by other parties on properties all the way through to the closing date, by law, but the deal usually becomes binding when both parties have signed the contract and the buyer has put down a deposit. A listing agent is required to present all offers so working quickly on due diligence is of utmost importance once you have an accepted offer but aren’t yet in contract.

Accepted Offer

The first thing the buyer does after getting an accepted offer is hire a home inspector to thoroughly inspect the home (inside and out), to uncover any issues, any appliances that are not working, any heating system problems, etc. A satisfactory home inspection is always a contingency and before any contracts are drawn up, the buyer will decide whether or not to move forward based on the findings of the inspection. It is best to get the inspection done within the first week of receiving an accepted offer. The seller will still be showing the home for back-up offers and if you wait too long you run the risk of someone “besting” your offer, an accepted offer is not binding.

When the details of the offer have been worked out and accepted by both the buyer and the seller, a Memorandum of Agreement is written up by the listing agent with everyone’s contact information and it is sent to the lawyers for both parties. Ideally you should work with a lawyer familiar to the area you are buying, can’t stress this enough, but if you have someone you trust to handle your real estate transaction, that is fine, too.

Contracts

If the buyer decides to proceed with the purchase, the seller’s lawyer will send a draft of the contract to the buyer’s lawyer and discussions will occur back and forth between you and your lawyer, between the seller and their lawyer and between the two lawyers. Once all the details have been worked out and agreed to, you will sign the contract. It will be forwarded to the seller for signature. The contract is now fully executed, all parties have signed

While the contract is being worked on, you should contact the bank (if there is a mortgage) and provide them with the details of the purchase. Once they receive the signed contract, they can begin the process which includes having an appraiser come to the property.

Closing

The seller’s attorney will set a closing date once all of the paperwork has been completed, the title search is done and the mortgage has been approved.

Once there is a date set, call the utility companies and set up transfer of accounts as of the closing date. If there is fuel oil, it will be measured and paid for at closing. Moving forward it is the choice of the buyer to hire whatever fuel company they would like, call around for pricing.

The day of the closing, the buyers will meet their agent at the property and do a “walk through” to make sure that everything is in order and no damage has occurred since you last saw the property.

Your lawyer will take you through the paperwork, checks required, documents to bring with you, etc. a couple of days before the closing so you will have everything you need to close.

The keys will be given to you and after lots of handshakes and congratulations, you will be the new homeowner!

Breakdown of Costs

Closing for the Buyer

Closing costs are those expenses associated with the purchase of a property other than the contract down-payment. Closing costs fall into two major categories: Bank Related Expenses and Title Related Expenses.

Bank Related Expenses: These expenses are those incurred in obtaining the mortgage to complete your purchase. They include:

Points:

A point (equal to 1% of the amount of the mortgage) is a fee paid to either the lender or mortgage brokerfor the opportunity to obtain a mortgage loan from that lender. Points are 100% tax deductible when the mortgage isused to purchase a primary residence.

Mortgage Bank’s Attorney:

Unfortunately, the purchaser is customarily obligated to pay the lender attorney’s fee,in addition to their own attorney’s fee, as a condition of obtaining the mortgage. This fee ranges from $400.00 to $700.00 depending on the lender.

Tax Escrow:

Most lenders will undertake to pay the real estate taxes on properties it grants mortgages against. In order to have sufficient monies to pay these taxes, a lender will require you to deposit 1/12th of the annual real estate tax bill in an escrow account with the lender, along with the monthly mortgage payment. In addition, you will be required to make an initial deposit, usually equal to 50% of the annual tax bill, in order to have sufficient funds set aside to make the first tax payment after closing of title.

Private Mortgage Insurance:

If you put down less than 20% on your home purchase, many lenders will also charge you private mortgage insurance (PMI) premiums payable monthly. The coverage doesn’t protect you; it protects the lender if you default on the loan.

Homeowner’s Insurance:

A lender will also require that you maintain homeowners insurance in an amount necessary to replace the dwelling house. In addition, most lenders require that the first year’s premium be paid in advance of the closing.

Misc. Fees:

Lenders shall also assess various fees depending upon their internal procedures. Some of these fees include: tax service fees, document preparation fees, and application and credit fees. These fees vary depending on the particular lender.

Title Related Expenses: These expenses are those required to complete the transfer of title and to record the necessary documents associated with the closing.

Title Insurance:

Required by all mortgage lenders, title insurance guarantees that you are obtaining good and marketable title from the seller. This one time expense, set by statute, varies according to the purchase price of the home and the amount of the mortgage.

Title Closer Gratuity:

It is customary to give the title company’s representative a gratuity for handling the closing.

Departmental Searches:

As part of the title search an abstract company will check the municipal records to ensure that the property is in compliance with the local ordinances affecting real property as well as the survey of the property. The fee for these reports varies depending on the municipality. In addition, if a new survey is required, you can anticipate an additional expense to have a new survey prepared by a licensed surveyor.

Mortgage Recording Tax (MRT):

Anytime a mortgage is recorded in the State of New York, there is a one time fee assessed against you. In New York City, the fee is equal to 1.80% of the amount of the mortgage (under $500,000.),less $30.00. The fees in the outlying counties vary, depending upon the local regulations, with a minimum of .8% of the amount of the mortgage, less $30.00. This “tax” is not tax- deductible.

Recording fees:

In addition to the MRT, you are obligated to pay a fee to the County Clerk to record the original mortgage and deed. This one-time expense which varies according to county.

Mansion Tax:

If you purchase a home with a purchase price of $1,000,000.00 or more, New York State imposes a transfer tax equal to 1% of the purchase price on you.

***Another closing cost not outlined above is the purchaser attorney’s fee. While attorney fees vary, a reasonable fee charged by a skilled real estate attorney is always a wise investment. A range of $1,200-$2,000 is average.

Breakdown of Costs

Closing for the Seller

In addition to any real estate broker commissions you may be responsible for, there are title expense associated with the sale of a property. These expenses are those required to complete the transfer of title and to record the necessary documents associated with the closing. They include:

Transfer Tax:

Whenever property is transferred in New York State, the State transfer tax is due from you at the time the new deed is recorded. The State tax is $2.00 for every $500.00 of the selling price. If the property is in New York City, you must also pay NYC Real Property Transfer Tax (RPT). For most properties (sales less than$500,000.00), the RPT is 1% of the sale price.

Satisfaction of Mortgage(s):

Don’t forget that you may have a mortgage, home equity line of credit, or other liens to satisfy from the proceeds of your sale. Additionally, you are obligated to pay a fee to the County Clerk to record the original Satisfaction of Mortgage. This one-time expense which varies according to county.

Title Closer Gratuity:

It is customary to give the title company’s representative a gratuity for handling the closing. This fee ranges from $100.00 to $200.00 depending on the closer.