Monday, January 30, 2012

Real Estate Contract and Financing

Here are some things to look out for when preparing and reviewing contracts and considering buyer's financing…


1. Furniture included on a contract
If ANY Furniture is included on a contract(even though it states it has no value in the contract) the loan-to-value will be reduced by the value of the furniture. The furniture will have to be appraised and the amount of that appraisal will be reduced from the purchase price which may result in a buyer having to come to closing with additional funds. The best thing to do, is to have it removed from the contract.

2. Leasebacks
If a buyer is purchasing a home as a primary residence or a second home, the seller cannot lease the property back for more than 60 days. If this occurs, the buyer must purchase the property as an investment property which will result in a higher interest rate and possibly more of a down payment.

3. Seller Contributions
A seller can only pay for closing costs and/ or pre-paids. The buyer cannot receive any credits for repairs. If the seller is crediting for repairs, the addendum to the contract must be a contribution to the buyer for “closing costs” and not “repairs.” The seller cannot contribute anything toward buyers down payment.

4. Financing Contingencies
Understand Loan commitments. If a loan commitment requires documentation from the buyer and the buyer cannot supply what is asked for, your buyers escrow is in jeopardy. Once a loan commitment is issued, the only condition that can “save” your buyers escrow deposit is a property condition( i.e. appraisal, repairs, etc…) if a condition on the loan commitment has anything else other than a “property” condition and the buyer cannot meet the condition, the buyer could lose their escrow deposit. It is very important that the agent follow up on the appraisal. The appraisal should not take long than two weeks from the time of application. if more than two weeks have gone by, the agent needs to follow up immediately.

5. The contract musts be READABLE. If it has been faxed several times and the final contract cannot be read, you will need to get all parties to sign a new and CLEAR contract. Lenders will not accept unreadable contracts. You can send a contract that is not fully executed, but readable and we can marry that with the illegible contract that is fully executed.

6. “Owner of Record” is not an acceptable seller. You must have the actual sellers name on the contract.

7. Be sure to know your seller contribution limits for closing costs on your contract. 6% of the purchase price on FHA and Conventional loans at a 90% or less loan-to-value. Any conventional loans over 90% only allow 3% seller contribution. If the buyer is purchasing the property as an investment property, they are limited to 2% seller contribution.

Courtesy of Jonathan Smith, Coldwell Banker Home Loans

Tuesday, January 3, 2012

The Richter Team is proud to be associated with Coldwell Banker and we look forward to working with you in 2012.

Coldwell Banker is your best real estate partner to sell or buy real estate. Our experience and results speaks for itself.


In Florida, we had 33,067 transaction units closed (without REO) with over $7.6 billion in sales during a challenging 2011 market, as of 11/30/11. Our listings are translated into 13 languages to reach buyers. Our online presence is unparalleled.
Real estate agents also recognized the power of the brand, a great business model, and outstanding company support - 1,034 sales associates joined the company in 2011 of which 728 are experienced agents, as of 10/31/11.
Real Trends 500 ranked NRT as the nation's tops real estate brokerage in 2010 for both sales volume and closed transactions sides for 14th consecutive year. Through our online partners, our properties are now exposed to over 15 million visitors on over 550 websites everyday.

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