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Everything you and your REALTOR® have completed
to this point has been done with the goal of obtaining
an offer on your home. All of the advertising,
open houses, cleaning, repairs, staging, etc.
have finally paid off - or have they? Getting
an offer on your property is a good first step
but there are usually a few more hurdles to clear
before you can start packing your belongings.
Unless the offer you receive is unconditional
and perfect in every way, you can anticipate having
to 'negotiate' and then having some conditions
'waived' before the process is complete. I'll
discuss these topics later in the article.
When the offer is received, regardless of the
amount of money and conditions offered, it must
be presented to you. The offer is normally written
on a form called a Purchase and Sale Agreement
(PSA). The 'pre-printed' clauses contain information
that pertains to all offers and, while your REALTOR®
will ensure you read and understand the fine print,
I will only discuss the offer-specific information
in this article. The REALTOR® working with
the Buyer will normally complete offer specific
information such as the property address, names,
conditions, and so forth.
Offer specific information you should be familiar
with includes:
Price - this is what will initially
probably interest you the most. Keep in mind
that the first offer may not be the highest
amount the Buyer is willing to pay. However,
if you reject the offer or decide to counter
the offer, the Buyer would be free to turn his
or her attention elsewhere. Don't base your
decision on price alone. Take a close look at
what the rest of the offer looks like.
Conditions - these are clauses
that prevent the offer from being a legal contract.
Your home will not be officially sold until
all the conditions are waived by the Buyer/s.
For example, if the Buyer's offer is for full
list price, but is conditional on the sale of
his/her home and on obtaining suitable financing,
you may not have much of an offer. Perhaps the
Buyer has an overpriced, poorly located, run-down
home to sell. Furthermore, the Buyer's interpretation
of suitable financing may be much different
than yours. Maybe the Buyer wants a mortgage
for 100% of the purchase price at an interest
rate of prime less 1%! In this case, it might
be better to accept an offer of less money but
that has a greater likelihood of arriving at
a successful conclusion. Be very aware of the
conditions placed on an offer and solicit your
REALTOR®'s input as to the strength of the
offer given the conditions attached.
Deposit - this is usually given
to the listing Brokerage by the potential Buyers
to show they are serious about their offer.
The deposit is held in trust by the listing
Brokerage and applied to the purchase price
at the time of closing. 'Closing' normally refers
to the day the house key and money change hands.
The amount of the deposit depends on the area
in which you live and whether it's a Buyer's
or a Seller's market. The deposit could range
from $500 to 10% of the purchase price. The
deposit is usually returned if an honest attempt
has been made by the Purchasers to fulfill their
conditions but they were unsuccessful in doing
so. For example, although their house was listed
on the MLS system, priced competitively, and
actively marketed, they were unable to sell
their home to buy yours.
Possession Date - following price,
this is usually the item that requires the most
negotiation on the PSA. The date the home changes
hands often has many ramifications for both
the Buyer and the Seller. For example, there
may be children who need to complete the school
year prior to moving or perhaps the Sellers
have to wait until they can get into their next
home. Regardless of the circumstances, any date
that is not satisfactory to both parties will
ultimately cause aggravation and possibly cost
someone money. Quite often, one party will have
to find interim lodgings while they wait for
their new home to become available. Hence, the
added cost of interim accommodation and the
aggravation of moving twice! The party that
compromises on the possession date may ask for
compensation through a reduction on the final
purchase price of the property.
Irrevocable Period - like any
contract, the offer or subsequent counter offer
cannot be left on the table indefinitely. As
such, all offers have a deadline and responses
are required within the given period or the
offer is null and void. In a Seller's market
and when Buyers are only in town for a short
period of time, the deadlines are often very
short. Hence, you may want to ensure your REALTOR®
knows how to reach you at work or if you go
out of town. Thanks to technology, sending documents
to alternate locations has become easier!
Fixtures and Chattels - usually
fixtures are permanently attached items such
as wall-to-wall carpeting. Chattels are items
that can be moved such as washers and dryers.
Problems with these items don't normally appear
until the Buyer moves into the home. It is then
that he/she discovers something they thought
was staying with the home has gone missing i.e.,
a specific light fixture or window covering.
The Listing Agreement and Purchase and Sale
Agreement should clearly delineate all items
that may come into question. When in doubt put
it in writing! Moreover, if you are going to
replace an item when you move, such as your
antique dining room light fixture, change it
before you list your property for sale. Then
it will never become part of the negotiations.
While the points noted above are important, they
are but a few of the components of a PSA and offer.
Given the variety and complexity of offers, Buyers,
Sellers, and homes it is impossible to cover all
the scenarios. Suffice it to say, your real estate
professional is the one who can guide you through
the maze of jargon and potential pitfalls. This
assistance should minimize the stress during the
offer process and ensure conditional offers are
dealt with properly.
David
Weir BA, CD is a Broker with Royal LePage ProAlliance
Realty in Trenton. He has been the top-producing
office REALTOR® since 2001 and his sales in
this area have ranked him in the top 1% of Royal
LePage REALTORS® nationwide from 2005 - 2007.
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