Another Real Estate Buying question....
7 months ago
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Any real estate folks here, answer a heating question?
Comments (33)Just about the only thing that makes that happen is a very good and recent sale in the "neighborhood" of a house comparable to the one being appraised. Sometimes you'll have a buyer come in with cash (as from an inheritance or divorce settlement) who doesn't bother to get an appraisal. That sale can set a new high---although it is usually used as a fourth comparable since that doesn't represent the "typical" buyer. Strictly defined, a "neighborhood" is the either in the same subdivision or within one mile of the subject. Ideally the sale should have occurred within the previous six months. However, in rapidly changing market conditions some lenders ask for comps within three months. There are all kinds of exceptions to this guidline; for example, when you are in a subdivision that covers several miles and the only comps are within the s/d but beyond a mile. And a comp in the same s/d is better even if it is a mile or two away than a house just outside the s/d boundaries that is only a half-mile away. Things like s/d amenities that would attach to the subject but not the comp "outside the gates" so to speak, even if those gates are only metaphorical. When you have semi-rural properties or areas with no subdivisions it is permissible to go further away and farther back in time for comparable sales. It's very possible that someone bought a house a few miles from you that was in some way very like your house---and bought it within a few months of your own purchase. It's all about group behavior and not individual actions... you look at trends in sales and what other people have bought recently in the same area, try to find sales that match your subject best. When you have no subdivision, or you're in a rural area or dealing with unique properties, often the most difficult task is to identify the most important feature of a home---the number of bedrooms? the tennis court? the five-car garage? the finished basement media room? That's why Realtors are such wonderful resources for appraisers---if they will use their knowledge. They know what is selling houses in their area. Sometimes it is a school district---I've seen people pay $300K for a two-two in a highly desirable elementary school district. That's what makes the business interesting, there is something different with every assignment....See MoreReal Estate question
Comments (19)Patrick, Here in NC, we use a Due Diligence Period as you are aware. The appraisal is not REQUIRED to be performed during this period. However, it is very wise to do so, because if it comes back low, the seller has more incentive now to do nothing. The buyer still has to perform per the contract, or he/she will be in default. The buyer, if they do not move forward to purchase the home at the sales price, will be in default and the seller keeps the Due Diligence Fee, AND the Earnest Money Deposit. These funds are looked at as compensatory in nature and not punitive, therefore the seller would still have the option for mediation against the buyer for the breech. Personally, I let my client's lenders know exactly what the Due Diligence date is and they know for sure that we expect the appraisal to be completed, AND delivered, at least 24 hours prior to this date. It costs about $400 for an appraisal, far less than the cumulative costs of the survey, the inspection, attorney costs (which they will charge prorated even if there is no closing), moving fees, and not to mention the emotional stress of waiting until the end to find out if the home appraises. So the arguement for waiting until the end in order to save funds is silly. Patrick, in our contracts, there is no conventional financing contingency... But, if the buyer's appraisal comes back low, and it is performed during the Due Diligence Period, they have the conventional options that would come with a financing contingency. Your buyer's agent and lender is putting your buyer at risk by not having the appraisal done during this time. They also lose all leverage to negotiate with the seller to lower the price to match the low appraisal, because the seller knows that the buyers have to perform, unless they want to lose their fee and deposit. Yes, as of 2011, when we switched over using the Due Diligence clause, the buyer will lose the Earnest Money Deposit and the Due Diligence Fee if they back out of the deal for any and or no reason except for a seller default. As far as how to entice the buyer to get the appraisal soon, you would first have to find out why they have elected to wait to do it until the very end. My guess is that their agent and their lender just dropped the ball and do not understand the repurcussions if it does come back low outside of the Due Diligence Period....See MoreAnother Real Estate listing photo
Comments (51)I would like to see a picture like what Writersblock mentioned, with the person in bed laying under the covers Sorry, but i didn't think to save that one. I mostly only save photos of interesting architectural details, ideas that I might want to steal if I buy another home in the neighborhood (mostly very small houses and it's interesting to see how people cope), or things to remind me why we didn't make an offer on a house that looks incredibly charming from the outside. I have some intreresting scary photos, if you'd like. :)...See MoreReal estate question
Comments (7)I mean can you take another offer a day before we close??? the day we close?? Like at what point do you have to mark the home pending??? There is a buying a home section here and you might want to post there. There are specific real estate laws that I am not familiar with, even as I am familiar with general contract law. First, most contingency sales have a method for you to remove the contingency, so technically they can't take another offer at all. They can just get an offer and demand that you remove the contingency. This is the kick-out clause. Removing the contingency is your choice rather than theirs. They can make the demand that you remove the contingency or they will void the contract. However, this is a real mess and I would suggest you go over their agent's head if that is an option. Generally, if you sign a contract then you must abide by the terms you agreed to. At this point I suspect that you can block any offer they take. They are in breach of the contract and they can't get enriched by that breach. If you wanted to push the thing in court you could let them take another offer, then get an injunction on their closing until a hearing. Of course, you wouldn't want to spend too much money working on that, but at that point they become liable to both parties that signed a contract with them and they get a headache like they couldn't possibly imagine. For a few hundred bucks you can prevent them selling for months just waiting on a hearing that you drop 15 minutes before court....See MoreRelated Professionals
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