Writing an Offer - Concerns About the Property
Disclosures
Although you have toured
the property, looked at the walls and ceiling, turned on the faucets and
played with the light switches, you have not lived in it. The seller has
years of knowledge about his or her home and there may be some things
you want to find out about as quickly as possible. For this reason, you
will require certain disclosures as part of your offer.
Basically, you want the
seller to disclose any adverse conditions that may have a substantial
impact on your decision to purchase the home. This would include any
problems with the house, whether the property is in a flood zone, a
noise zone, or any other kind of hazardous area.
If you have an agent
representing you, this is almost automatic, but many states do not
require individuals selling their own home to provide you with this
information. Often they do not require banks selling foreclosed property
to provide these disclosures, either. Obtaining these types of
disclosures should always be a part of your offer, and time is of the
essence.
Condition
of the Property
The last thing you want
when you assume possession of your new home is to find it in a total
mess. Therefore, you should make it clear in your offer that certain
minimum standards are required. If you do not, you might find out the
seller or neighbors have begun using the back yard as a trash dump, or
something worse – and you would not be able to do anything about it.
Some of the requirements
you might want to include in your offer are that the roof does not leak,
the appliances work, the plumbing does not leak, that there are no
broken or cracked windows, the yard has been kept up, and any debris has
been cleared away.
Home
Inspections
Besides appraisal and the
termite inspection, you should also have a professional go through the
house and seek out potential problems. Of course, you will have
inspected the home, but you are not used to looking at some things that
a professional will find. Even if they are not things the seller is
expected to repair, at least you will have foreknowledge of any
potential problems.
The seller will want this
inspection performed quickly, so that you can approve the results and
move forward with the purchase. Once you receive the inspection, you
will want to allow yourself sufficient time to review 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 for
those repairs. Otherwise, you can cancel the purchase without penalty,
provided you have included timetables in your offer.
Allow a maximum of ten to
fifteen days to receive the report and five days to review it.
Final
Walk-Through Inspection
Before closing, you will
want to revisit the property to ensure it is in the condition you have
required in your offer, and to inspect that any required repairs have
been performed. You should do this no sooner than five days before you
intend to close. Make sure this right to do a final inspection is
included in your offer to purchase the home.
©2000 by Terry Light and RealEstate ABC, revised 2004 |