Jun 3, 2021 | Buying Real Estate, Home Buyer Tips, Home Buying Tips
Buying or selling a home can be a long and sometimes difficult process, especially if you have never done it before. From working with an agent to hiring a real estate attorney it’s important you don’t miss any key steps throughout the process. Whether you live in Leominster, MA, Phoenix, AZ, Denver, CO, or Charleston, SC hiring a Real Estate Attorney and working with the right team of professionals will only ensure your homebuying or selling process goes smoothly. To help with this process we asked experts from across the country to share their top tips with you.

1. Don’t try to rush through the process
A big mistake that experienced real estate buyers make is that they try to rush through the process. They feel like they understand exactly how it is going to work because they have bought a home before. So, they end up rushing, making a few key mistakes in the process. Remember that this is an important financial decision with substantial legal implications and it is important to take the time to get it right. Nobody should try to rush through this process when they are looking for a new home. -David Rocheford, The Law Office of David R. Rocheford, Jr.
2. Understand how much paperwork is involved
Attorney’s wish buyers and sellers understood just how much paperwork will be involved! Many first-time buyers and sellers think they’ll sign their name once and the closing will be complete. In reality, buyers and sellers need to sign 10+ documents, and often much more! -Sean O’Dowd, Close Concierge
3. Have your funds squared away before you start house hunting
A good real estate agent will tell you to always know where the money is coming from before you even start looking. In real estate, acting fast gives you a HUGE advantage over other buyers. If your dream home goes on the market, you want to be ready to put in an offer as soon as possible. In order to do that, you need to have the funds already squared away so that you can make the most competitive offer upfront. -Agent Advice
4. Be prepared to make fast, difficult decisions
One thing that buyers need to be prepared for is the incredible speed at which they need to make major financial decisions. In a hot market like Phoenix, Denver, Boise or Salt Lake City it’s hard to find a median-priced, detached, single-family home that survives past the first weekend. When a buyer asks “what do you think we should offer?”, I tell them that if you really want this house you need to make your best and final offer up front. In 2021 the asking price is more like the starting bid at an auction and the cash-heavy, decisive buyers are winning. -Michael Bennett, Atlas Real Estate
5. Hire a good home inspector
A competent home inspector can uncover expensive construction defects you may not see during a walkthrough of your potential dream home – allowing you to walk away before closing. However, if you discover a problem after closing that the sellers did not reveal, your options are to pay for the fix yourself or file a failure to disclose lawsuit. So do yourself a solid: hire a good home inspector. -Robinson & Henry, P.C.
6. Don’t forget to update your estate plan
One of the biggest mistakes we see is when clients forget to update their estate plan with the new home or property recently purchased. Specifically, the mistake occurs by not updating their plan to include the deed and title to their new home in their Will or titling the new asset incorrectly. Secondly, it’s important to give implicit instructions on how you would like your home or property distributed upon your death, including any joint owners with right of survivorship. It is integral to update your estate plan every three years or after key life events, such as moving to a new state and/or selling or buying a new home. -Wiles Law
7. Understand your credit score
It’s so important to Understand your credit score and what type of impact that is going to have on your ability to get a mortgage and finance the home you intend to purchase. Knowing your credit score is one of the best tips we can give to buyers who want to begin the home buying journey because it truthfully starts with being ‘able’ to buy a house. If you are not able to buy a house then you need to figure out what needs to happen in order for you to be able to, and that begins with understanding your credit score and personal finances. -Ryan Fitzgerald, UpHomes
8. Take time to properly complete the seller disclosure
When selling a home take the time to properly complete the required seller disclosure. Failing to disclose information about your home that could materially impact a buyer’s decision to purchase can result in legal liability. Read the questions carefully and answer truthfully and completely. In certain situations, it may be prudent to seek legal advice in complying with disclosure requirements. -Bailey Law Firm
9. Know that a Real Estate Attorney can save you money
I wish that home buyers and sellers knew that using a Utah real estate attorney can eliminate a large amount of commission owed to a Real Estate agent. A Real Estate Attorney is also an expert in drafting contracts and can craft and create a sale agreement that specifically protects your interests. -Brian K. Jackson, Brian K. Jackson, LLC
10. Talk with your agent to find out when you will have access to your new home
In South Carolina, there are some counties in which, traditionally, the keys are not transferred to the buyer until after the deed records. Recording can sometimes be delayed until the day after closing, therefore, please speak with your Agent to discuss when you will be given access to the property. -Angie D. Knight, Grand Strand Law Group, LLC
11. Be aware that buyers need their own title insurance policies
Buyers need their own title insurance policies! Title problems could be as mundane as a border dispute and the insurance policy you bought for your lender will not provide any coverage. Only your own title insurance policy can protect you and they are relatively inexpensive compared to what you could be paying in future lawyer fees. -Phillip A. Curiale, Curiale Hostnik PLLC
12. Communication is the key to a successful closing
When a closing attorney reaches out to the consumer there is a genuine purpose. Most often the closing attorney is in need of vital information that will keep the closing on schedule. For example, the closing attorney may reach out to the seller to get mortgage account information, homeowners association contact information, or the last four digits of social security numbers so that the closing attorney can get information to clear liens. The closing attorney may also reach out to a buyer for information about the lender, whether or not the buyer wants a survey, how the buyer intends to hold title, or if the buyer plans to attend closing or close via power of attorney. Thus, when the closing attorney’s office reaches out to the consumer it is imperative that the consumer respond immediately as the request is most often time-sensitive. -Blair Cato Pickren Casterline, Podcast: Dishin’ Dirt
Originally Published on Redfin
Seattle, WA
By: Lexi Klinkenberg
Lexi is part of the content marketing team and enjoys writing about real estate and design trends. Her dream home would be a contemporary home with an open floor plan, lots of windows, and a waterfront view.
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May 18, 2021 | Home Buyer Tips
Selecting the right home to purchase for a family is a monumental task, and this process can seem even more challenging for those with a large or growing family. A common goal may be to give everyone ample space to stretch out and feel relaxed, but some home buyers may also be focused on other factors like location, cost and even the general style of the home. While choosing the perfect home for a large or growing family is not easy, the process can be simplified by focusing on a few points.
Focus On Storage Space
There are few things that can make home life more miserable in the coming years than a lack of storage space. When a large family does not have adequate storage space in closets, the attic, the garage and cabinets, their items will likely find a home on the counters, on the floor and in other undesirable locations. Home buyers can consider looking for a home that has more storage space than is needed right now to ensure that the new home can accommodate growing needs over the years.
Think About Function Over Size
Many people who are looking for a new home will focus on finding a home that has a specific minimum square footage or a minimum number of bedrooms, but function is generally more important. For example, if a home has bar-style seating at the kitchen counter, the family may not need as large of a breakfast room to accommodate its needs. The family may also get more use out of a home that has a second living area, such as a game room, rather than a formal dining room that may rarely be used.
Choose The Right Floor Plan
In addition, consider reviewing the floor plan of the home carefully. Many prefer to have the kids’ rooms away from the master room, a study placed away from the kids’ game room or an open area where the kitchen and family room are connected so that a parent can oversee the kids while making meals. Home buyers should consider how they live and their likes and dislikes about their current space to determine which floor plan is best for them.
Deciding which home to purchase is rarely easy to do, but your trusted real estate professional can assist home buyers with this process. Those who are searching for a new home for a large or growing family can call their local real estate agent for further assistance.
May 12, 2021 | Home Buyer Tips
While some home buyers only want to live in a brand new home and will custom build a home to their specifications, others are drawn to the historic character and charm of a classic home. Older homes may have incredible architectural detail and special features that you simply do not want to change. However, there are some essential features that should be upgraded as soon as possible after you take ownership of your classic home.
The Electrical Panel
Many older homes were built at a time when electricity use was at a minimum, but the reliance on electricity has increased over the years. Older homes may commonly have an electrical panel with 50 amps or less, but your current needs may require you to have a panel with at least 200 amps. It may be good to have an electrician inspect the electrical panel as well as the wiring in the home to determine if an upgrade is needed in your new home.
Re-Plumbing the Pipes
A quick plumbing inspection will tell you if the home has copper, steel or other materials used with piping. The best material is copper because it is resistant to leaking, corrosion and rusting. Steel pipes generally should be replaced with copper as soon as possible. Other materials, such as cast iron, may be acceptable to keep in place. However, sections may need to be replaced if the pipes are more than 50 years old.
Firestops in the Structure
The good news about the structure of older homes is that older homes generally are better built than newer homes. However, most lack the critical feature of a firestop. A firestop essentially can minimize how fire travels through a home. Adding firestops to an older home can improve safety for the home’s occupants in the event of a fire and can minimize fire damage.
It is understandable that you may want to retain the historic character and charm of your older home. These may have been the features that you fell in love with when you bought it. However, you also want to ensure that the home has modern features that will make it comfortable and safe for you and your family to live in. These are all important improvements that you will want to make now that ultimately could improve your experience throughout the entire time you live in your home.
May 4, 2021 | Home Buyer Tips
The process of buying a home can be riddled with obstacles. However, you can avoid many of the most common home buying pitfalls with some advanced preparation. Below are some of the most frequent problems home buyers face, as well as tips for avoiding them.
You Can’t Qualify For A Mortgage
Nothing is more frustrating than learning that, even though you make enough money to afford your dream home, you cannot qualify for the mortgage you need. This may happen because your credit score is low or because you cannot verify your income in a way that satisfies your lender. To avoid this pitfall, investigate lenders’ requirements before you begin the application process and make sure you meet them all.
You Discovered Problems With The Home After You moved In
In some cases, a home may seem perfect at first glance, but problems may be hiding in plain sight. You may move into the home and find that it has a pest problem, leaks, or a broken furnace. The best way to guard against this pitfall is to ask for a home inspection before you buy the property.
The Appraisal Amount Isn’t High Enough
Some homebuyers make an offer on a property and hope to get a mortgage to cover the purchase price, only to learn that the property doesn’t appraise for the amount of the requested mortgage. This is more likely in cases where the homebuyer is rolling closing costs into the mortgage. When this occurs, you can either pay the difference, ask the seller to lower the purchase price, or cancel the sale altogether. You can avoid this pitfall by investigating home values before you make an offer, or by saving up a large downpayment that would allow you to pay the difference.
You End Up With Bad Neighbors
Chances are that sellers will not be upfront about any problems they may have with neighbors, since these problems could potentially cause you to pass on the home. For this reason, it is always wise to do your own research before you move into any neighborhood. Consider driving by at night to look for any activity that might make you unwilling to live next door.
The Closing Takes Too Long
It can be incredibly frustrating when it takes weeks or even months to close on the property you love. In some cases, this pitfall may be unavoidable. However, you can reduce the risk of a long closing by having all of your loan documentation ready in advance and avoiding the purchase of homes that may have an extra-long closing process, such as real estate owned properties and short sales.
Apr 29, 2021 | Home Buyer Tips
When buying a new home, you may have a close eye focused on your budget and expenses, and your goal may be to keep related expenses to a minimum. However, you may also be well aware that a real estate purchase is a legal transaction, and you may be wondering if you need to pay for legal services from a real estate attorney. With a closer look, you can make a better decision that is right for your home buying plans.
The Legal Forms Used With A Typical Transaction
The majority of real estate contracts will be written using standard legal forms. These are legally binding forms with clauses that protect buyers and sellers alike. While they are standard forms, you do want to read the forms in their entirety and understand your obligations before signing the contract. Keep in mind that you are not required to use these forms, and you can request an attorney to prepare a separate contract for you. However, these are commonly used forms that real estate agents typically will use.
The Services Of A Real Estate Agent
A real estate agent is not a legal professional, and your agent likely will not be licensed to practice law in the state. However, the agent can explain your obligations with a standard contract so that you have a better understanding about what you are committed to. Your real estate agent may refer you to a real estate attorney if you require a special contract to be drawn up or if you are not comfortable with different clauses in the standard forms.
When Special Situations Arise
The standard real estate contracts will typically be feasible for use with most transactions, but there are special situations that may arise from time to time. For example, you may only want to purchase a portion of a large estate. While the seller would need to subdivided, your attorney would need to review special documents to ensure the transaction is legal. Perhaps you want to purchase real estate in a corporation or under another entity, or you want to protect your rights when purchasing property with a partner who you are not legally married to.
While real estate agents are not legal professionals, they are able to prepare standard contract forms for you and explain them to you. Because of this, many people will not need to pay for additional legal services, but each situation is unique. When you speak with your trusted mortgage professional about your upcoming purchase, he or she can help you to learn more about services an attorney may provide that your real estate agent may not be able to.
Apr 28, 2021 | Home Buyer Tips
As a home buyer, you may go through a number of different steps to ensure that the property that you purchase is in great condition. For example, you may complete an initial walk-through or even several home tours before you make an offer. You may also order a property inspection and even negotiate for the seller to make some repairs on your behalf.
A day or two before your closing date, you may set up a final home inspection to ensure that the home is still in the same condition as the initial walk-through. In most cases, there will be no problems with the final inspection. However, in the event that there is a problem with the final inspection, you will need to know how to handle it.
Work With Your Real Estate Agent
As a first step, you should discuss the issues with your real estate agent. Your real estate agent may have some strategies or ideas that can be used to help you overcome the issue in the best possible way. Minor issues may be resolved with a last minute negotiation to the sales contract. More significant issues may need to be rectified prior to closing, and you may need to delay the closing by a few days or longer until any issues are resolved.
Consider Walking Away
It may be rare for a property to have issues during the final home inspection, and most issues that do arise at this late stage in the buying process may be resolved through negotiations between the buyer and seller. However, in the event that the seller plays hardball and refuses to work with you to resolve the matter, or in the event that the issue is so significant that you are not comfortable with it, it may be an option to walk away from the property.
In most sales contracts, wording is present that requires the property to be delivered to the buyer in the same condition as it was when the contract was signed less general wear and tear. Walking away may not be ideal, but it may be the best option in some cases.
Making a final home inspection is not a requirement, but it is advisable. It can ensure that the home your purchase is in the same condition as it was when you did the initial walk-through, and you can apply these tips if you discover that the home is not in the same condition.