Home Inspections and Residential Sale Agreement Negotiations - What to expect during the Inspection Contingency Period

Home Inspections and Residential Sale Agreement Negotiations - What to expect during the Inspection Contingency Period In this blog I’ll provide a basic overview of what happens during the home inspection contingency period and some of my thoughts about negotiating the terms of repair addendums.   Buyer Beware When it comes to real estate, Oregon is a buyer beware state. Due diligence  is required of the buyer. Buyers agents can and do assist in the due diligence process, but ultimately the responsibility falls to the buyer. A typical buyer isn’t an expert on real estate and home repairs. Consequently, most buyers here will hire home inspectors to learn about the home they are considering purchasing. The buyer’s agent will be valuable in determining which issues are worth taking issue with and pursuing negotiations appropriately with the seller’s agent.  Pre Offer Negotiations Mindset  Keep in mind that the initial offer is the first opportunity for the buyer to attempt to negotiate with consideration to the seller’s asking price, motivations, seller's disclosures and any readily apparent issues they might have noticed about the property during a showing or open house. For instance, if there’s visible evidence of lifted or missing shingles on the roof, or a huge puddle of water on the kitchen floor from a leak in the ceiling, or cracked sidewalks, the buyer may not want to offer full price. Credits towards repairs or price reductions can be requested in the initial offer. Of course, the buyer may not get their offer accepted, but it's quite difficult to negotiate on those obvious  issues after making an offer that doesn’t address them upfront.  Issues that come up in discovery, such as mold in the attic, or an old underground leaking oil tank, or dry rot in the posts of the foundation, are usually worthy of an attempt at negotiation.  Sellers Disclosures When a buyer makes an offer on a home they will typically have received the Seller’s Disclosures document, read it,  initialed it and included it with their submitted offer. The seller’s disclosures provide information about material defects known to the seller.  One exception to this scenario is when a property is held in trust and the sellers have insufficient knowledge of the property because they haven’t inhabited it, and are therefore not required to provide sellers disclosures.  Home Inspection Contingency Period, General Home Inspection, Specialized Inspections, Contractor Inspections & Bids If the buyer desires a home inspection to be performed, part of the sale agreement will outline the scope of the inspections and determine an Inspection Contingency Period. If inspections are agreed upon between the buyer and seller, the sale will be contingent upon the completion of the inspections. The inspections are performed within an agreed upon time period, typically ten days from offer acceptance, but the terms of the inspection itself and that timeframe can be adjusted. All negotiations based on inspections must be completed and changes to the contract agreed to before the end of the inspection contingency period for the transaction to continue.  Let’s get into what kinds of inspections typically take place.  1. General Home Inspection - this is exactly what it sounds like. A certified home inspector is employed to examine the home from top to bottom, in a general manner. They will provide a report that outlines the general condition of the home. In this report, they may suggest that additional specialized contractors or inspectors be brought in to further investigate potential issues that the home inspector isn’t qualified to make  assertions about. Examples might be along the lines of - “roof shows wear and tear and appears to be at the end of its life. Black spots found in the attic that appear to be mold growth. Recommend examination by a licensed roofing contractor and mold remediation specialist”  or “Portland maps shows the existence of an underground storage tank with  no record of decommissioning, recommend examination by a qualified environmental inspector to locate the tank and determine its current status..” The cost of a home inspection will depend on the individual inspector's pricing model and is frequently determined by the size and location of the home, how many buildings are on the property, etc. It’s common for the buyer's agent to recommend and book the inspector's services. However, a home buyer is perfectly free to shop home inspectors themselves and arrange the details of the appointment. Home inspectors will usually ask if the buyer is available to attend the inspection and the subsequent briefing on their findings. They will usually provide both printed and digital versions of the inspection for the buyers and their agent to review. A general home inspection can usually be set up within 48 hours of an accepted offer, but that will depend on how busy the market is. 2. Specialized Inspections - these are inspections that may fall out of the scope of the general home inspections. Examples might include a sewer scope, radon testing, underground storage tank location; including cesspool, septic or oil tank location, soil contamination tests, infrared camera inspections, drone footage, etc. Some of these inspections fall under the category of “Invasive Inspections” and must be agreed to by the seller explicitly. An example of an invasive inspection might be having a toilet removed to provide access for a sewer scope because a sewer cleanout can’t be located. Again, the costs to the buyer for these services will vary and either the buyer's agent or the buyer can make the arrangements for the inspections. The buyer will own the inspection reports provided by these specialists as well. Note that in Oregon, most sellers are obliged to have out of service oil tanks decommissioned and provide proof of the decommissioning to the buyers. For more info on oil tanks for buyers and sellers, from the State Of Oregon, visit this link Oregon DEQ 3. Contractor Inspections and Estimates: Specialized contractors may be brought in to assess the scope of and provide cost estimates of repairs when the general home inspector finds potential issues. Plumbers, Roofers, Mold Remediation Specialists, Structural Engineers, Electricians, Flooring or HVAC Contractors, etc. might be involved. Many contractors offer free estimates, but not all of them. Some will require a fee if they are aware that the estimate is desired as part of a real estate transaction. The buyer or the buyer's agent can make arrangements with the contractors. If there are fees involved, the buyer should expect to pay them.  Post Inspections - Negotiating A Sale Agreement Based On The Findings Of Home Inspections and Contractors Estimates If the inspection report was particularly intense, the buyer may request that the inspection contingency period be extended to allow more time for additional inspections or contractor bids.  Once the  inspections are physically completed, and before the inspection contingency period ends, the buyer has the option to attempt to renegotiate the terms of the sale agreement based on what they discovered during inspections they’ve had performed. The buyer will submit a repair addendum or addendums to the contract, to the seller, requesting their desired changes to the agreement.  For instance, let's say a roof is found to be in need of repair because there are leaks into the attic. A solution could be that the sellers agree to have the repairs completed to the buyers satisfaction before closing. Sounds good, but this option could have ramifications for the buyer and seller. What if the buyer and seller disagree on which company to hire to have the repairs taken care of? What if a roofer can’t be scheduled before the closing date? Adjustments to the closing date or a price reduction may be in order. Or, perhaps the seller would provide closing credits, allowing the buyer to divert those budgeted liquid funds to the roof repairs after closing.  If the buyer and seller can't agree as to how these issues will be addressed by the end of the inspection contingency period, they may elect to terminate the contract with no penalties, having their earnest money deposit returned in full.  Once the inspection contingency period is over, if the buyer decides to go forward, and all of the inspections and negotiations have taken place, the transaction will continue towards closing.  If you’re thinking of buying or selling a home, I hope this information is helpful in your process. As always, my door is always open to talk about real estate.  Please subscribe to this blog & have a great week!  Sam Densmore/Realtor/Inhabit Real Estate /September 6, 2024

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Your Personalized Home Purchase Plan for 2024: For First Time And Experienced Home Buyers

Your Personalized Home Purchase Plan for 2024: For First Time And Experienced Home Buyers The home purchasing process is a daunting undertaking for most buyers. It can difficult to know where to start! Like my friend Ethan says, "Failing to plan is planning to fail...". You need a plan! The real estate market is complicated and prices are always adjusting to economic conditions. Additionally, there are new rules regarding Realtor compensation that will have an effect on affordability and budget planning.  In this blog, I'm attempting to break the process down with a time honored set of questions that will help focus your thoughts and provide information at the same time: Why? What? Where? Who? When? & How? Grab a pen and paper or your favorite note taking device and prepare your customized plan!  Why are you buying a house?  This is possibly the most important question to ask when pursuing the goal of home ownership. You may have more than one reason. Only you can answer this question!  Why are you interested in buying a home?  What kind of house do you want to buy? What kind of home are your imagining yourself living in?  Type of home  Criteria Price Range Where do you want to live? - Consider the important questions - Affordability? Lifestyle? Urban, Suburban or Rural? Walkable or no? Peace and quiet or bustling city scape? Consider access - the proximity to transportation routes, work, family, and recreation.  Location(s) Who can help you buy a house? - Your Realtor and Lender will be your trusted fiduciaries along the way. It's ideal if they have a professional working relatoinship already, since they will be working in lockstep from the start of your journey to closing. Accesibility to these personel, and their responsiveness is important. The real estate business moves very quickly and is oftentimes centered around the weekends.   Realtor/Buyers Agent  Lender When do you want to move in? - The best time to buy a house is when it's best for you. That said, there are seasonal trends that can make the process more or less stressful. Consult with your agent about the local market and add this into your considerations regarding your timeline.  What is your timeline to purchase & move?  How do you find a Realtor & Lender? - How do you find a realtor & lender? Ask your friends & family for referrals! You might also meet agents and lenders at open houses. After you have your personell in place, the journey really begins.  Lender/Loan Application - Discuss with the lender what paperwork you need to submit in your loan application. Explore loan products with them as well.  Down Payment Assistance Programs (DPA, VA, etc.) Explore you local housing organizations to research what programs might be available to help you.  Realtor/Buyers Agent - Some sort of buyers representation contract is now required to foster a rlationship with a realtor. Once you've found someone you like, discuss what options & pay rate are best for you.  Home Tours/Showings & Open Houses Purchase contract Home purchase timeline  Let's go a little deeper into these questions with some definitions and explanations... What? Popular Types of Homes -  Single Family Residence (SFR), Multi Family (Duplex, TriPlex, FourPlex) Condo, Attached/Townhome, Planned Community, Floating Home, Manufactured Home, Tiny Home, Mobile Home, and many more. Are you interesetd in new construction or strictly resale homes?  Criteria -  Number of Bed/Bath Sq Ft Lot Size Garage Shop Proximity to schools, public transit, shopping districts Walkability HOA Y/N  - HOA covers different expense,  depending on the HOA Financing Type  Annual Property Taxes    Price Range & Financing Your price range will be determined by a number of factors and whether or not you’re seeking mortgage financing.  Loan Approval - based on income, debt, debt to income ratio, credit rating & history, other special eligibility i.e. veteran status, 1st time buyer status, etc.  Savings and Reserve funds for Down Payment & Closing Costs will be considered.  Financing Type: Listing agents will outline what kind of financing is acceptable for the purchase - i.e. Cash, Conventional, FHA, USDA, VA etc.  HOA Y/N - If Yes, what is the most you would pay for HOA? What would you expect from an HOA?  Where? Location  What do you want to do at your home? Work from home? House Hacking? Garden? Do you have a boat or an RV to park? Write down what you expect to do on the property. Zoning Rules & Property Taxes vary - Always do due diligence on these subjects. Remember that rural locations may not be on public water/sewer systems. Location & the type of home you seek might have an effect on the type of mortgage you need.  Who? Realtor/Buyers Agent  The Buyers Agent is your Fiduciary . They advocate for you and your best interests above their own.  Gone are the days of a casual, handshake agreement with a buyers agent. There are four ways to engage in a buyers representation employment agreement and foster a relationship with a buyers agent as your fiduciary.  A buyer representation agreement outlines the scope of the agents services, timeline, price point, location and agent compensation amount, guaranteed by the buyer, to be paid to the agent should you close on a home. It is an employment contract that can be updated or cancelled, in writing, at any time, for any reason by either party. There are four commonly used agreements  Benefits of working with a Buyers Agent: Local Expertise Knows what to look for when touring homes o- wear on the roof, potential mold, faulty infrastructure, aging or systems, utilities, etc.  Coordinates showings - schedules and hosts private showings Knows how to write real estate contracts Access to experienced professionals; contractors who can give estimate on scope and price of repairs, and perform repairs if necessary Your Negotiator - Negotiates the terms of your Real Estate Sales Agreement.  Keep the transaction on schedule with other real estate professionals in the mix - Listing Agents, Title Company, Lender  Can be your emotional filter - Transactions can be stressful and having an agent to handle tough conversations can be a huge benefit.  Dual Agency explained - In Oregon, it’s legal for Real Estate Agents to represent both sides of a transaction. As a buyer, you will have the option to allow or disallow this kind of representation.    Lender Not all lenders are the same. Mortgage Brokers & Loan Officers or Home Loan Consultants at private lending companies or banks differ in that a mortgage broker has many banks they work with and can shop rates, etc. A Loan Officer or Home Loan Consultant is usually working for one institution or company and has a limited array of loan products and rates they can offer.  The lender will walk you through the entire process and be your consultant as you determine the best way to finance your specific home purchase.  Loan Application - online or in person Pre-Approval - Based on your initial application.  Appraisal - The lending institution will determine what the home is worth from their point of view.  Underwriting - Final approval of your loan for the specific home you wish to purchase, conducted within a short time before closing. Be aware that changes in your financial status (major purchases, new debt, etc.) can have an effect on whether or not the underwriter approves the final loan.  Transfer of funds from escrow and your liquid sources at closing When?  What is your timeline to purchase & move?  What is your prefered closing date?  Are you currently in a lease or rental agreement?  What are your motivations/reasons for purchasing a home and moving?  Know that an average real estate transaction can take 3 - 6 weeks to close and take possession.  Rent Back - When the current owner needs time to make their move, they may ask to rent back the home after closing for up to 60 days. Terms are negotiable.  How? Lender - Loan Application - Most lenders make an application available online o in person. You will need to gather financial records and submit them to a lender of your choice.  Realtor - Showings & Open Houses - Once you are pre-approved for a mortgage, have selected a real estate agent, and know your price range and criteria, it’s time to go and see some homes in person! “You never know until you go." Purchase contract/Home purchase timeline  Residential Sales Agreement - (RSA) A contract that outlines all of the details of the transaction. This contract is where your agent will enter the terms of your offer to the seller.  The Buyers Offer will include :  Names and contact info for the Buyer & Seller, and their agents Purchase Price Proposed Closing Date Mortgage Pre-Approval Letter &/or Proof Of Funds - The mortgage company will issue a letter stating that you are a qualified buyer. Proof of funds might be bank statements or a letter from another third party outlining the buyers access to cash to make the purchase.  Earnest Money Deposit - EM is usually a cash deposit due to be deposited in an Escrow account, typically held by the title company indicated by the seller, within 3 days of a mutually accepted offer. The amount is negotiable, but is frequently 1% of the purchase price.  Down Payment Amount - Work with your financial advisors and your lender to determine the down payment amount that’s best for you. The down payment has effects on the type of loan you are eligible for and the amount of interest you will pay over time.   Closing Date - 3 - 6 weeks is a typical time frame from offer to close, cash transactions might close sooner. Sometimes closing can take longer if both parties agree and it's necessary to complete the transaction . For instance, if you are selling a home in order to purchase another, you may have to wait for you sale to close in order access the funds you need to complete the purchase you're trying to make. There are many factors that can come into play that may effect the actual closng date.  Inspection Period - Length of the inspection period and whether or not the purchase is to be contingent upon information learned during inspections performed during this period. If the sale is contingent upon inspections, the buyer will have the number of business days indicated in the contract (usually 10 days) to determine whether or not they want to go forward with the purchase. If not, the transaction can be terminated and earnest money returned to the buyer.  Special Provisions & Addendums - Particular terms to be added to the contract will be included here. Your real estate agent will help you navigate these terms which could include everything from appliances or other personal property included or excluded in the sale, timeline adjustments, repairs, requests for closing credits, rent back terms, appraisal gap coverage, home warranty coverage, etc.  Negotiations - Negotiations regarding repairs or other terms are typically done before the inspection contingency period ends. However, negotiations can take place throughout the transaction. Negotiation points for buyers can include repairs, price reductions, seller concessions/credits for broker compensation, closing costs/lender fees, rent back, closing date, etc. Your agent should have a firm grasp of these concepts and discuss them with you so you can make informed decisions.  Title - The title company reviews the title to confirm it is a marketable title, finds any liens or encumbrances that may be associated with it, issues insurance policies, facilitates closings, and files and records paperwork. The title company will act as the escrow officer holding the EM deposit and the Deed until closing.  Additional Paperwork - Forms required by law and the listing agent, (i.e. sellers disclosures, the Oregon real Estate Agency Pamphlet, Buyer Agency Agreement, etc.) In conclusion - I hope this helps! As crazy as it sounds, this blog touches just the tip of the iceberg when it comes to planning to purchase a home. If you are considering a home purchase in Oregon or Washington, have questions or insights, please feel free to get in touch. I'd be glad t talk real estate with you!  Sam Densmore/Realtor/Inhabit Real Estate 08/21/2024 All Rights Reserved

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