How to: Buying a House in Elma, NY – Anne C. DiMatteo, Esq, / Real Estate Attorney

How to: Buying a House in Elma, NY
– Anne C. DiMatteo, Esq, / Real Estate Attorney
Elma NY Real Estate Attorney

The sale of a house in the United States with the use of a Elma NY Real Estate Attorney will likely involve some or all of the following steps.  I have tried to give an abbreviated description as to how a typical residential real estate transaction may proceed with a Elma NY Real Estate Attorney.  None of this is meant as legal advice and you should contact an attorney as soon as you decide you are buying or selling real estate in Elma, NY.

Hiring of a real estate broker:

The seller in Elma, NY will typically hire a Elma NY Real Estate Attorney and real estate broker/agent that will handle all the logistics of the advertising of the property for sale, unless the seller has opted to list their property “for sale by owner” commonly referred to as FSBO.  In FSBO situations the seller may do anything from simply putting a for sale sign in the front yard or listing the property with any one of many online services.  Either way the seller “lists” the property for sale by some means and the buyer discovers it and seeks to discover more information.
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Finding a buyer:

The buyer may enter the picture in several different ways.  They could have seen the property advertised for sale in the media, on a sign outside the property or by contacting a realtor.  In any event, the buyer will either contact the owner directly or indirectly through the buyer’s agent or broker to be shown the property.  The buyer may have already contacted a Elma NY Real Estate Attorney to represent them in the transaction.  The seller may want to consider retaining a lawyer.  There are many popular online resources to find homes including Zillow and Realtor.com.

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Buyer presents an offer:

A buyer may engage the services of a real estate broker to represent the buyer.  The buyer’s agent or broker may handle all the logistics of finding the buyer suitable properties that the buyer is qualified to buy and then arranging for the buyer to be shown the property.  The seller’s real estate broker may have advertised the price and property details with a Multiple Listing Service, newspaper or website classified listing.  The seller or the seller’s real estate broker/agent will make arrangements for a private showings or general open house for interested buyers or buyers’ real estate agents.

Some non-cash buyers are prequalified:

Interested Elma, NY buyers may get pre-approval for a real estate mortgage of a certain amount from a bank, if they cannot afford to pay cash for the full purchase price in the range they are exploring.  The buyer will be considered informally qualified to purchase homes within the price range that they have been prequalified for.  The buyer may want to discuss with their Elma NY Real Estate Attorney what amount and what type of loan they should apply for.

Consider eligible offers:

Should the buyer be interested in purchasing the home from the seller, the next step for the buyer is to make a written offer to purchase sellers property.  This offer is made in writing and either the buyer the buyer’s broker/agent will prepare a written offer to purchase the property which will be signed by the buyer and then presented to the seller for consideration.  The contract offer itself, if prepared by a real estate broker/agent on behalf of the buyer, is generally done on pre-printed and legally-approved forms provided by the real estate broker’s office. An agent representing the buyer will advise his/her client as to the value of including specific contingency clauses such as time to obtain a mortgage commitment or to arrange for inspections. The buyer includes an earnest money payment know as a deposit which will accompany the offer, and which is generally held and not deposited until all the parties are in agreement and the seller has signed the contract.  Both parties should consider getting a copy of the signed contract to their Elma NY Real Estate Attorney.

Then the buyer submits the offer to purchase real estate the seller’s property it is sometimes likely that the seller is considering several offers to purchase at once.  Multiple offers may result in bidding with the best offer (not necessarily the highest bid) being chosen and accepted by the seller.

Buyer and seller choose Elma NY Real Estate attorney:

After acceptance of a particular offer the contract is ratified or signed by all the parties and there is usually a short period of time to allow the buyer to fully inspect the property, often with the assistance of a professional home inspector.  Some states, such as New York, require that a seller of real estate provide a property condition disclosure statement to the buyer outlining in detail the full condition of the property.  There may even be a period of time within which a Elma NY Real Estate Attorney representing the buyer or seller of real estate can cancel the contract.

Inspections, appraisals, surveys, abstracts and title insurance follow:

Depending upon the customs of the Elma NY Real Estate Attorney and traditional practices, a real estate title search is then ordered from a third party by either the buyer, seller, the settlement agent or the attorney representing a party.

If the buyer is borrowing money to complete the transaction an appraisal is likely ordered, as per custom or the mortgage lenders requirement, to determine the value of the building and land to satisfy the lender.  Also, during the inspection period or after the appraisal, the buyer may ask that any defective conditions of the property be repaired, or ask that the sale price be lowered, or choose not to purchase the property.

Also, at this time, occurring simultaneously and depending upon how the contingency paragraphs are worded, title to the property and the survey of the property is being updated and then examined to determine if there are any defects in title.

Closing:

The closing of the Elma, NY real estate sale ends the escrow period and completes the transfer of ownership to the buyer. At this time, and all monies change hands and various closing costs are paid by the buyer or seller.  If a real estate broker is used in the transaction, closing is the time that payment is made to the brokers involved.  At the conclusion of the closing the buyer obtains ownership of the property.   After the closing, sometimes weeks or months later, the buyer will receive copies or originals of documents from the closing often including the survey, abstract of tile, recorded deed and recording receipt, from their Elma NY Real Estate Attorney.  If you have any questions about the process of purchasing or selling real estate that wasn’t answered here, please call me at any time.

 

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