In the age where information regarding real estate purchase is
plentiful some people doubt the need for a REALTOR®. It has been
suggested that the agent has been marginalized to the role of a “door
opener”.
In the state of CT the proper procedure for buying property is still
fraught with pitfalls and only an experienced agent can help you
navigate them.
Read on to see the level of detail required to transfer title in CT and
let me know if you don’t agree that the role of the REALTOR® is as vital as ever. Many people do not realize that purchase procedures vary from state to state and even from town to town. In the towns of Darien and Rowayton however the procedures are as follows.
Once you have found your dream home…
1.INSTRUCT YOUR AGENT TO MAKE A WRITTEN OFFER TO PURCHASE
This is also known as a binder. Typically this offer contains the
amount you are offering, the amount you are planning to put down as a
deposit, as well as the amount you are planning to finance. A minimum
of 10% of the purchase price is customary although a buyer may deposit
more if he wishes. At this point, however, a check for only 1% of the
proposed purchase price is suggested.
The binder of sale also contains other terms of the offer such as
contingencies (i.e., inspection or mortgage contingencies), a proposed
closing date and any specific items or terms to be included or excluded from the sale. At this time the buyer should also sign the “property disclosure” forms which are required by the state and disclose any known problems on the property such as asbestos, water issues or lead paint.
All binders should be signed and dated including the hour in the case of competing or subsequent offers.
It should be noted that although this is called a “Binder of Sale”, in some instances depending on wording it may only a handshake agreement. While you are in this stage…A SELLER HAS THE RIGHT TO ACCEPT ANOTHER OFFER.
The binder is then delivered by the buyer’s agent to the seller’s agent, if the sellers have contracted for agency representation, who in turn presents it to the homeowner. At this time negotiations formally begin. If the buyer and seller do not reach an agreement, the 1% DEPOSIT IS FULLY REFUNDABLE.
It is the law that the 1% check be placed in an escrow account within 3
days.
2. SET UP A HOME INSPECTION AND HIRE AN ATTORNEY
Assuming you and the seller agree on price and terms, the buyer should
work with the REALTOR® to set up a home inspection and hire an attorney
to draw up a binding contract, establish clear title to the property
and execute the closing. If you don’t have a good real estate attorney
your agent can recommend one.
3. BUTTON UP YOUR FINANCING
The buyer should at this point be moving aggressively to secure
financing in order to expedite the transaction and remove the
possibility of being outbid on the property.
4. GOING TO CONTRACT
The attorney will draw up a contract containing, the purchase
price, contingencies with amounts and dates, date of closing, and
inspection reports.
The buyer should sign the contract and have it sent with a check for 9%
of the purchase price (remember the buyer has already written a check
for 1% for a total of 10%) to the sellers attorney. The seller should
then sign the contract.
TITLE SEARCH, APPRAISAL AND CLOSING
In the meantime, the buyer’s attorney will be executing a title search
on the property, and work with the bank on transfer of funds for the
closing. In addition, the lending institution will send an appraiser to
the property to establish the value of the home.
Buyer and seller then proceed to closing.
Each one of the above steps can contain roadblocks and problems that
your attorney and agent will work through together until the
transaction is complete. Much of the time things proceed smoothly but
when your dream home is at stake, you will want all the professional
help possible.
Keep in mind again that every “deal” is different and procedures do
vary by state and even by town, but by now you can see agents are much
more than “door openers.
Karen Brewer
William Pitt Sotheby’s International Realty
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