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PREPARING FOR CONTRACT SETTLEMENT
As the seller, you have relatively little to
do at this point. The bulk of the work between contract signing
and closing falls on the buyer, who must arrange for a home
inspection, financing, and homeowners and title insurance
policies.
If you agreed to have something repaired,
do it now. If a problem arises with the title, you could become
involved with paperwork, legal bills and delicate diplomacy.
If a title problem is so complicated it threatens to delay
settlement, your buyer may want to void the contract. Your
attorney may be able to smooth things over for a time, but
if the deal seems headed for the rocks you'll need to determine
what your rights and options are.
Here are some of the common last-minute glitches
that can be avoided at settlement by being prepared.
- Keep abreast of progress on both sides.
If your buyer is having trouble getting a loan on the terms
specified in the contract, you should know it; if they are
turned down, it could jeopardize the whole deal. A day or
so before closing, make sure all the necessary papers and
documents have been gathered and are in the hands of the
right players.
- At this stage, everything should have been
spelled out in the contract. Your agent should have kept
you up to date on what you should expect to net from the
transaction. You should have received an estimated-net sheet
when you signed the listing agreement, and another along
with each contract presentation. Prior to settlement, the
escrow officer or settlement attorney should have provided
you with a copy of the settlement sheet. If you are handling
your own settlement, you can get an estimate at the time
you arrange for closing, or "open escrow," whether
it is with a title or abstract company or an abstract attorney.
- People who should be present at closing
need to be kept informed of any change in the date, time
or place. They should be reminded a week before closing,
and again the day before.
- Anyone named on the deed under which you
hold title must sign the new deed by which you grant title.
In many jurisdictions, if you have married since acquiring
title, your spouse also will have to sign the deed. If a
co-owner doesn't live nearby, allow time to have the deed
signed and returned before settlement.
- You should know when you will be paid.
Don't expect to walk away from the settlement table with
a check in hand, but don't leave the question of when and
how you will be paid undetermined. Most settlement attorneys
do not disburse checks until all the necessary documents
have been recorded. If that's the procedure, when will the
recording take place, and how often are checks made up?
If you are buying another property, consider having both
settlements at the same office, scheduled back-to-back.
That way, the timing of the disbursement is not a problem.
You sign a paper authorizing the title company or attorney
to assign the funds from your sale to your purchase.
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