Navigating the Paperwork of Selling

As with any major sales transaction, there's a good amount of paperwork involved when you decide to put your house on the market. First, there's the contract you'll sign with your realtor should you choose to use one. In addition to that, there will be purchase agreements, replies to offers to purchase, disclosures, and a host of other real estate forms.

Once you've determined whether you're going to hire a real estate broker or sell the home yourself (FSBO - for sale by owner), you can either download the forms from a legal form site on the Internet or obtain then from your real estate broker or real estate attorney.

Aside from the forms that pertain to actually selling your home, there are other papers you'll need to secure. These documents need to be ready before you even put your house up for sale, and before you take on the services of a realtor. These documents include:

Records of Tax Assessments and Tax Payments - lets the buyer know if they need to pay any late tax when they purchase your property.

Financial Records - give these to your realtor (or buyer if you're selling the home yourself) so they're aware of any pending financial obligations for the property. This also verifies that the property is in your name and that you are authorized to sell it.

Legal Property Description - you can find the legal description of your property on certificates of titles, warranties, and even quick claim deeds. Even if you don't have the original sets because your property is mortgaged, you should have photocopies on file.

Property Listing - indicate which pieces of property or equipment (tanks, appliances, curtains, etc.) will and will not be included in the sale of your home.

Homeowners By-Laws (if applicable) - if you live in a subdivision governed by a homeowners or neighborhood association, be sure to prepare a copy of the by-laws.

If you are unsure about what other documents you need to prepare, consult with a real estate lawyer or agent. They should be able to discuss these with you and guide you through the entire home-selling process.

Homeowners / Neighborhood Associations
What You Need to Know
In most cases, when you purchase a home in a new subdivision or planned unit development (PUD), you automatically become a member of an exclusive club - the homeowners' association (HOA). The club's members include all the people who own homes in the same development. There can be a lot of perks to being a member of an organization of homeowners; however, you may be subject to a host of rules and regulations. In other words, the HOA will probably exercise some control over how you use your property.

CC&Rs

Membership to most HOAs comes with a set of limitations -- called covenants, conditions, and restrictions (CC&Rs). These rules put decision-making rights into the hands of the HOA. Most associations try to make decisions which will enhance the value of the houses. Some HOAs are quite stringent in the enforcement of CC&Rs, while others are more relaxed.

Read the CC&Rs carefully before you buy and make sure they are compatible with your lifestyle. Once you've moved in, getting relief from overly restrictive CC&Rs isn't easy. Regulations often limit the color or colors you can paint your house, the color of the curtains or blinds visible from the street, and even the type of landscaping you can have.

Some CC&Rs require that garages facing the street be kept tidy, that laundry be dried indoors rather than on an outdoor clothesline, prohibit parking boats or RVs in the driveway, prohibit basketball hoops in the driveway or front yard, etc. See the list below for more examples.

In order to bypass most CC&Rs, you'll likely have to submit an application (with a fee), get permission from the rest of the HOA (your neighbors), and possibly go through a formal hearing. If, later on, you decided you want to make a structural change to your house, such as adding a room or building a fence, you'll likely need formal permission from the association, in addition to having to comply with city zoning rules.

Things Commonly Regulated By Homeowners' Associations (not limited)
  • exterior paint and shingles 
  • trees, lawns, and weeds 
  • fences and hedges 
  • pools 
  • basketball hoops and swing sets
  • garages and sheds 
  • mailboxes 
  • garbage cans and clotheslines
  • outdoor lights and TV antennas 
  • window coverings and wreaths 
  • home businesses 
  • pets (breed and size)
  • noises and view obstructions

If you don't understand something regarding your homeowners' association or their CC&Rs, ask for more information, and seek legal advice if necessary. 
What Better Time to Buy?

The sale of the century is happening all around. Everywhere you look, home prices are dropping like flies. The deals are unprecedented, and the inventory is vast. In short, a number of factors are coming together to present people in a position to buy with some once-in-a-lifetime opportunities. 

In addition to declining prices, mortgage rates are at a serious low. Rates on a 30-year fixed-rate mortgage are at a level we won't see again in our lifetime. Finally, if you buy before December 1, you'll get an $8,000 tax credit if you're a first-time buyer.

For all those reasons, there's never really been a better time to go shopping for real estate. Keep in mind, however, that declining prices have hit some areas harder than others, meaning you might find some real bargains, depending on where you live.

The cities that have seen the steepest declines in housing prices are all in California, Florida, Arizona, Nevada, and Michigan. These areas are presenting some incredible home buying opportunities right now. The states you'll want to avoid are Utah, Montana, North Dakota, Wyoming, and Alaska. These states have actually seen small increases in housing prices, but that's not to say they've escaped the housing crisis - it just means it hasn't hit them yet.

If you're in a position to buy, but you're questioning whether you should buy now or wait, there is no guarantee that prices won't continue to drop. You'll have to feel that out for yourself. If now is definitely the time for you, there are some things you'll need to have in place. First, a 20-percent down payment (in your hands, not borrowed) is a must. Next, make sure you go with a fixed-rate mortgage. Also, be aware of what you can afford in terms of mortgage payments; a good rule of thumb is that an affordable payment is no more than 30% of your gross income. Finally, have an emergency fund on hand (for after you buy) that equals six months' worth of living expenses. Irresponsible buyers who don't abide by these guidelines are the reason the housing crisis occurred in the first place. Don't perpetuate that cycle - be a responsible buyer.

Making an Offer
So you've found the perfect home and you're ready to make an offer.

The purchase offer you submit, if accepted as is, will become a binding sales contract -- known in some areas as a deposit receipt, purchase agreement, or earnest money agreement. Therefore, it's important that it contains all the items that will serve as a "blueprint for the final sale."

  • Contents of a Home Purchase Offer
  • Address and sometimes a legal description of the property
  • Sale price
  • Terms of sale - for example, all cash or subject to your obtaining a mortgage for a given amount
  • Seller's promise to provide clear title (ownership)
  • Target date for closing (the actual sale)
  • Amount of earnest money deposit accompanying the offer, and whether it's a check, cash, or promissory note, and how it's to be returned to you if the offer is rejected - or kept as damages if you back out without a good reason
  • Method by which real estate taxes, rents, fuel, water bills, and utilities are to be adjusted (pro-rated) between buyer and seller
  • Provisions detailing who will pay for title insurance, survey, termite inspections, etc.
  • Type of deed to be given
  • Other requirements specific to your state, which might include a chance for attorney review of the contract, disclosure of specific environmental hazards, or other state-specific clauses
  • A provision that the buyer may make a final walk-through inspection of the property just prior to closing
  • A time limit (preferably short) after which the offer will expire
  • Contingencies (see below)

Contingencies

If your offer says "this offer is contingent upon (or subject to) a certain event," you're saying that you will only go through with the purchase if that event occurs. The following are two common contingencies contained in a purchase order:

* The buyer is obtaining specific financing from a lending institution. If the loan can't be found, the buyer won't be bound by the contract.
* A satisfactory report by a home inspector. For example: "within 10 days after acceptance of the offer." The seller must wait 10 days to see if the inspector submits a report that satisfies. If not, the contract would become void. Again, make sure that all the details are in the written contract.  
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Easy Gardens

Want some simple but eye-catching ideas for your garden? How about two or three varieties of annuals that pack a color punch? Here are some lovely, low maintenance combinations for you to try:

Celosia, Ageratum & Vinca

Golden celosia plumes are stunning when paired with the rich blue of the ageratum (also known as floss flower). When you add a splash of deep pink annual vinca, you have a color and texture combination that can't be matched. These will do well in a hot, dry, sunny spot.

Petunia & Geranium

Try a high-contrast combination of cherry red geraniums and silvery blue petunias. Although blooming will be best in sun, these plants can handle some shade.

Salvia & Celosia

A combination of white and blue mealycup salvia and red-leaved plumed celosia offers a lovely color scheme for your garden. These popular annuals like sunshine, a bit of light shade, and a drink of water during dry spells.

Zinnia, Vinca & Annual Sage

Try a garden featuring white narrow-leaf zinnia, pink annual vinca, and medium blue annual mealycup sage. These tough plants require almost no maintenance and can withstand dry conditions once they've been established.

Marigolds & Begonias

Begonias usually do best in the shade, but the red-leaved varieties can handle a bit more sun. That's the secret behind a pairing of pink-flowered wax begonias and lemon yellow French marigolds, which, by the way, love the sun. These two low-growing annuals will provide a bright carpet of color all season long. Just keep the bed well watered, particularly in hot areas.



Security Systems: Should You Invest?
No matter where you live, home security has likely crossed your mind at some point, particularly if you have a family to think about. Even if you don't have children, you'll want to protect yourself from becoming a victim, and you'll probably want to protect the possessions you've worked so hard to earn. Perhaps you've considered securing your own little corner of the world by investing in a home security system. Installing an alarm system will not only give you greater peace of mind, but it will also deter any potential intruders.

Many burglars are opportunity offenders, which means they're not going to go out of their way if you've taken steps to make breaking into your home difficult for them. Most likely, a burglar won't find your home an "easy target" if you have a home security system. Security/alarm systems vary in price from very basic, cheap models to highly sophisticated electronic systems. Even if you choose to install the most expensive system, there's a good chance it will pay for itself quickly in what it will save you in vandalism and theft.

For many people, high end security and alarm systems may not fall within their budget. Don't hesitate to shop around. Find a reputable security company that can put together a security plan that will meet your financial situation, in addition to the needs of your home and its inhabitants.

In the event you opt for a home security system, make sure you're working with trained security professionals who have all of the products you need to implement a fail-proof security strategy in your home. Good security technicians and sales staff will be happy to provide all of the latest information on the best security products available, from a variety of home security kits, security cameras, personal safety products, environmental control devices, wireless security products, and much more.

JBA Network • 311 Montford Ave • Asheville • NC • 28801

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