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NEGOTIATING CONTRACTS
Now that your home search is complete and you're ready to
make an offer to purchase, it's time to take a look at this
phase of the transaction. Your Realtor will help you to prepare
the right offer and help you to examine what terms should
be included in your contract.
PREPARING YOUR OFFER
The home you are about to purchase is listed at a price which
reflects certain market conditions, current demand for the
home, and generally some room for negotiation. In some cases,
sellers will price their homes to sell quickly. In these cases,
the price the home is listed at the lowest price they will
accept. Outside of these cases, you will make a reasonable
offer below the listed price of the home.
Your offer should always be made according
to what you are willing to pay AND what you are able to pay.
If your offer is accompanied by a letter of pre-approval from
your lender, it will improve its chances of being accepted.
Your offer should also include any contingencies or conditions
which you need met prior to signing the contract.
WRITING CONTINGENCIES OR
CONDITIONS
Your real estate representative will play a very big role
in this phase of the transaction and they should be well versed
in writing contracts and dealing with contingencies. There
a several contingencies which should be included in your offer
to buy:
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- Financing
This contingency states that the contract is only valid
if the buyer is able to secure their home loan. If you have
not been pre-approved, this is a must-have term. This contingency
can affect whether or not the seller will accept your offer
depending on their feelings about your creditworthiness.
- Inspections
Before you sign your name to any purchase contract, be sure
that the sale is contingent on the satisfactory completion
of inspections for property defects, pests, lead and any
other inspections required by law.
- Clear Title
Include terms that allow you to back out of the contract
if there are any problems with the property's title.
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You may have special circumstances or terms
which need to be part of your contract such as making the
purchase contingent on the sale of your home, or if you agree
that the house is painted before you will buy it, etc. These
contingencies and others can all be easily placed in the contract.
Your Realtor will help you draft a contract that protects
your interests and accommodates your special circumstances.
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NOTE OF CAUTION: When you present an offer
to the sellers, they have the right to accept, negotiate
or turn down your offer. The more terms and hoops they have
to go through to meet the contract requirements, the more
likely it is that the contract will not be accepted.
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NEGOTIATING THE RIGHT DEAL
When you choose a Realtor to represent you, you need to trust
that they will be there to represent your interests. When
it comes to negotiating the contract, they will work directly
with the Seller's agent or the Seller, in the case of FSBOs.
Once you've made your offer, you need to be accessible to
your agent because the seller may be willing to negotiate.
If they are willing to negotiate, offers and
counter-offers will go back and forth until an agreement is
made or either party walks away. By being available to your
agent, you can negotiate quickly. This is important because
sellers have the right to accept offers from other potential
buyers until there is a signed contract in place. If the market
is moving quickly and the home you wish to buy is popular,
you could lose the home to someone else if you are not available
for negotiation.
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