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Writing
an Offer - Concerns About the Property
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Disclosures
Although you have toured the property, looked at the walls
& ceilings, and turned on the faucets and light switches,
you have not lived in it. The seller has intimate knowledge
about his or her home, and there may be some things you want
to find out about as quickly as possible. Because of this,
you will want to require certain disclosures as part of your
offer.
You want the seller to disclose any unfavorable conditions
that may have a substantial impact on your decision to purchase
the home. This would include any problems with the house,
for example; whether the property is in a noise zone, a flood
zone, or any other kind of hazardous area.
The agent representing you should automatically address these
issues. However, if you are without an agent, you should know
that many states do not require individuals selling their
own home to provide you with this information. Also, many
states do not require banks selling foreclosed property to
provide these disclosures. Obtaining these kinds of disclosures
should always be a part of your offer. The sooner, the better.
Condition of the Property
When you take possession of your new home, you surely do not
want to find it a total mess. Therefore, you should make it
clear in your offer that certain minimum standards will be
required. Without doing this, you might find out the seller
or neighbors have begun using your back yard as a dump site,
or worse - and you would not be able to do anything about
it.
Requirements you will probably want to include in your offer
are; that the roof or plumbing does not leak, the appliances
work, the yard has been kept and debris cleared, and that
there are no broken or cracked windows.
Home Inspections
Along with the appraisal and a termite inspection, you should
also have a professional go through the house and seek out
potential problems. Although you have inspected the home,
chances are that you may not find things that a professional
will. Even if these items are not required to be repaired
by the seller, at least you will have foreknowledge of any
future potential problems.
The seller will want this inspection performed immediately,
so that you can approve the results and continue with the
purchase. Upon receiving the inspection report, you will want
to allow yourself sufficient time to look over and approve
the report. If you do not approve the report, you may negotiate
with the sellers on which repairs should be performed and
who should pay. Otherwise, you have the right to cancel the
purchase without penalty, provided you have included timetables
in your offer.
Allow a maximum of three days to receive the report and a
couple to review it. In addition, allow the seller up to ten
days to respond to any repair requests you make.
Final Walk-Through Inspection
Before closing, you should revisit the property to ensure
it meets the required conditions in your offer. Make sure
that any required repairs have been performed. Take the time
to do this final inspection, and do it no sooner than five
days, but not less than two days before you intend to close.
This allows some time for negotiation if a problem exists.
Finally, make sure this final inspection is included in your
offer to purchase the home.
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