This article is designed to be a roadmap for the first time homebuyer
or seller. Throughout, I'll guide you through the many steps of
purchasing or selling your property and explain to you in the process
how to avoid the most common mistakes. You will also learn both the
legal and psychological problems often encountered.
For most
people, buying (or selling) a home is one of the biggest part of living
the "American dream". It's also probably the biggest investments they
will ever make. Not surprising then, that many find this experience to
be very exciting but also worrisome at the same time. Achieving the
final transaction and transfer of funds for the property (referred to as
the "closing") can leave many home owners feeling exhausted, even
depressed. The same can be said for buyers. However, if the process is
done correctly, it can also be both interesting and exciting for
everybody involved. The ultimate outcome depends on many factors: time,
energy needed to devote to the transaction, thoughtfulness and patience.
All these traits are included in the process, and all can have an
impact on your bottom line.
That's why preparation is key in any
successful transaction. The process, complicated by multiple
transactions and waiting periods, can be quite confusing. Real estate
transactions require expertise. Those wanting total control of the
transaction with a do-it-yourself attitude can make many costly
mistakes. So unless buyers and sellers have a solid background in Real
Estate, they stand to lose thousands of dollars in any given
transaction.
Saving on New York Real Estate Attorney Fees
Trying
to save a few extra dollars on legal fees may sound like a nice idea,
especially for those with large down payments. But this strategy may
backfire. You may end up being penny-wise, but broke in the long run.
There are many detailed procedures involved in the purchase process that
the vast majority of consumers may overlook.
In one of the
biggest purchases of your life, it's simply not the time to "bargain
shop". Remember the key criteria: if you can't afford to see the big
picture in the transaction you probably aren't ready to close the deal.
The amount of legal fees charged should not be the deciding factor in
hiring a particular New York Real Estate Lawyer. You retain a New York
Real Estate Lawyer because you trust that they will represent your best
interest in the transaction. The bottom line is that you want a New
York Real Estate Lawyer you can trust, if trust becomes an issue you are
well advised to seek another New York Real Estate Lawyer, no matter how
low the fees are. For the most part, a New York Real Estate Lawyers
aim to satisfy their clients and keep that satisfaction within the legal
bounds of the law --all at the same time. The happier their clients,
the busier the New York Real Estate Attorney will be with future
clients. So it makes common sense as much as it makes dollars sense to
retain a New York Real Estate Lawyer who aim is to achieve the client's
goal in the real estate transaction.
Real Estate transactions involve use of standard legal language. It
is quite understandable then, if a buyer or seller do not understand
the terms used in the transaction. First-time homebuyers have the worst
experience. That is the reason why it makes sense to hire a New York
Real Estate Lawyer who can represent your interest and can help you
avoid pitfalls and unnecessary problems.
If not detected prior to closing, once a problem occurs, it can take
time and money to correct the situation. An attorney with experience in
New York real estate law can help steer a buyer or seller away from
costly mistakes.
What kind of home fits my needs?
When
buying a home, you have to determine what property will fit your needs.
Picking the right kind of property to purchase requires careful
planning, organization, and sacrifice. Since most people don't have the
time, real estate brokers can be extremely helpful in letting you
understand the many issues you might encounter. The questions involved
can be overwhelming. What matters need further inquiry? Which homes come
with bad neighbors? There are many matters which you need to inquire
about when you look at different properties that interests you. However,
some issues are common to most real estate purchases. A simple tip is
to determine what borough you like to live. If you plan on living in
Queens, Brooklyn, Bronx, Staten Island, Manhattan or Long Island, you
may want to deal with a broker in that borough.
Coop or Condos?
Cooperatives
are the most popular property purchased in New York City. One reason
for this is a trend away from expense-ridden properties where
foreclosures are common. Another reason for coop popularity is
convenience. Deals can be less expensive (about half the price of a
condo) and may involve less paperwork in the closing. Less financial
stress and fewer headaches might sound good, right? But what most
buyers don't know is that when you buy a co-op, you're NOT buying the
physical apartment. Actually, you're buying "shares" of a corporation
that owns the building which contains the co-op on its land. Also keep
in mind that, just like any other company, a co-op has officers such as a
president, a vice-president and a treasurer. And just like any other
company they're responsible for the well being of the coop. If the coop
suffers a financial meltdown, you could lose your apartment investment
altogether.
What happens if I do decide to buy a coop?
You receive a stock certificate and a proprietary lease.
The
co-op requires that each coop owner pay a "maintenance fee". If you own
a condo, you'll be paying a "common charge." Usually, the monthly fee
paid by a shareholder is almost double the fee paid by condo owners.
Sometimes
a co-op only "owns" the improvements, and some other company or
organization owns the land. This form of co-op is not the normal
situation, but it does exist. Your New York Real Estate Attorney should
be able to assist you in determining if you are purchasing such a
property.
Where does the maintenance fee go? How is the money spent?
When
an "entity" (i.e. some organization or other company) holds a mortgage
of the co-op, the coop corporation must pay a monthly mortgage payment
to the bank. The "maintenance fee" charged to coop owners helps the
corporation offset this cost. By charging each shareholder a charge per
share the "maintenance fee" helps pay the city taxes on the property as
a whole and pay for the expenses in maintaining the property (such as
the superintendent or doorman) The "common charge" for a condo helps
offset the expenses associated with the maintenance of the building.
Elevators, painting, cleanliness and any landscaping all require funding
not to mention the common areas of the residential unit.
It is
important to note that the monthly fee is not fixed. Just like rent, it
can be increased. In buying a condo, however, you are buying a portion
of the physical building in which the apartment is located. You then
own part of the building and will receive a deed to the property that
shows that you are the legal owner. The common charges for condos
usually tend to be stable. Most co-ops require that a seller receive
approval by the board before attempting to sell. Likewise, the buyer
must also be approved by the board to make sure that the buyer will be a
"responsible" co-op owner. One exception to this situation is when the
coop has a special status as being a "sponsor unit". That means that
when the building was converted into a co-op, the co-op conversion plans
allowed the sponsor of the building to reserve the right to sell unsold
shares without board approval. If you are purchasing the co-op from the
original sponsor, then most likely you will not need to get board
approval. The same applies to subletting the unit. In most cases you'll
need permission. In some cases, purchasing the unit from the original
sponsor, may entitle you to the same rights and privileges as the
sponsor.
Recently after the cost of fuel skyrocketed, many co-ops
and condos monthly fees increased. So when buying a coop or condo make
sure that you understand the financial future implications. Ask for the
financial information before signing on the bottom line.
Should I buy a single or multi-family residence?
One
of the most common dilemmas encountered when purchasing a home is
whether to buy a "single-family home" or "muti-family home". Common
sense dictates that a single-family home will cost you significantly
less than a multi-family home, and will appreciate accordingly. What are
the advantages? The peace that comes with it is enticing for some. Not
having to deal with renting to strangers, and the headaches of hiring
(or being) a landlord. However, on the other side of that argument, a
multi-family home can be a financial plus: the rental income helps with
the monthly mortgage payments and makes ownership less financially
stressful.
How can a real estate agents help me?
Normally
the first person you may have direct contact with in the purchase or
sale of land or residence, is a real estate agent. Most people use them
rather than do it themselves. The agent works for his or her supervisor,
and they are called "brokers". The kind of relationship you have with
the agent can have a major impact on how well you as a buyer or seller,
understand the initial process, and transaction. Two important points:
Agents can normally provide good advice and suggestions regarding your
purchase or sale. Since they're well-educated in both the property
markets and their field, they are can give you past performance for a
particular property. However, although the agent may seem to work for
you, unless expressly contracted for, they normally work for the seller!
What is a Binder? Why is it important?
A
binder (otherwise known as an "offer to purchase") is the first
document secured by a minimal money deposit. You will normally sign a
binder at the moment that you decide to make the seller an offer to
purchase. This tells the seller that you are serious about making the
purchase. Once the Binder Agreement is executed, the real estate broker
or agent will present it to the seller. If accepted, the property will
no longer be shown to potential buyers. It is important to note that
the binder, unlike a contract of sale, is subject to a time limit.
Unless the binder details the money to be refunded, it will be forfeited
under most circumstances.
What should I know about the "Contract of Sale"?
The
contract of sale is the first formal stage of the buying and selling
process. When you have retained a New York Real Estate Lawyer and have
made an acceptable offer, at this point in time, you and the seller will
sign a contract of sale. The seller's New York Real Estate Attorney
will normally draft the contract and then the buyer's New York Real
Estate Attorney will review the contract to make sure that you are
protected from any future problems (both legal and residential issues).
It's
also important to note that when the buyer signs the contract, a "Down
Payment" is given to the seller for the seller's New York Real Estate
Attorney to hold in a special account called an "Escrow". The seller's
New York Real Estate Attorney is required by ethical rules to do so.
However, not to worry: the entire amount will of course, be credited to
the buyer and applied to the final outstanding balance at "closing."
The
biggest mistake a buyer or seller can make is signing a contract of
sale before getting adequate legal representation. A contract of sale is
an agreement to purchase and sell the property. Once it's signed, it
becomes a legal document. If you change your mind and want to change the
terms of the agreement or if you want out of the transaction
altogether, then you will find yourself in an extremely frustrating
legal bind. That's why an experienced New York Real Estate Lawyer is
necessary throughout the process, especially at the beginning stages.
The contract of sale dictates exactly how the transaction will proceed.
It says how payments will be made and collected, and contains all the
important details. Tell your New York Real Estate Lawyer every detail
which you think is important and essential to you intensions. For
example, maybe you are selling another property while simultaneously
buying a home. Since the sale of your property is a condition, that
condition is a major detail that you should tell your New York Real
Estate Lawyer since, the other "party" may have not accepted your offer
had they known such a condition.
Another issue that sometimes
comes up is the issue of occupancy. Generally a house is sold vacant.
However, if you would like to keep the existing tenants, it is a good
idea to tell your New York Real Estate Lawyer (assuming it's not a new
construction), and that by itself can save you time and hassle in the
process of renting the property later on.
As a seller, should I have my home inspected?
Home
inspections can sometimes make or break the deal. A New York Real
Estate Lawyer can secure a condition in the contract of sale which
allows the buyer to refuse to purchase the property if the home
inspector determines that the structure is not physically sound. Termite
problems or signs of other wood-destroying insects are great reasons
for a buyer to opt out of the contract. In such cases the seller usually
return the buyer's down payment and everybody walks away from the
table. Home inspections are relatively convenient, inexpensive and will
save you a lot of time and money.
Finding a New York Real Estate Lawyer?
When
looking for legal representation, most importantly, you want a New York
Real Estate Attorney whom you feel comfortable with. If you don't feel
comfortable with a particular New York Real Estate Attorney, chances
are that you will not have a good working relationship.
An
experienced New York Real Estate Lawyer, who you feel comfortable with,
can be greatly beneficial in explaining and reducing the mystery out of
buying or selling real estate in New York. Your New York Real Estate
Lawyer can review and prepare the contract of sale, order title
insurance, and conduct key parts of the transaction. Making sure the
property you are purchasing has no undisclosed liens. If they do exist,
your New York Real Estate Lawyer can take care that they will be
satisfied prior to the closing.
The last thing you need is to have
doubts and questions about your transaction. You want to make sure
that after all the documents are signed and notarized, that you
understand what just happened and that you are confident that everything
was done correctly.
When should I close the deal?
The
closing is the climax of the transaction. The buyer's New York Real
Estate Attorney is normally the ringmaster who coordinates the time and
place of the closing. The closing is where the parties meet to finalize
the deal. Normally the parties you will see at the meeting are the
seller and their New York Real Estate Attorney, the bank's New York Real
Estate Attorney, and the title representative. What occurs at the
closing table can be broken down to three major steps:
The bank makes the loan to the buyer and in return the buyer gives the bank an interest in the property (Mortgage)
The buyer turns that loan over to the seller and in turn receives a deed from the seller
The title company makes certain that the seller does indeed own the property they are transferring
Unless
there are any serious outstanding issues, the closing can take about
2-3 hours. At this stage, the buyer should have obtained homeowners
Insurance prior to the closing. Since not all insurance companies
charge the same prices for the replacement value of a house you might
want to shop around before the closing.
Lastly, a day or two prior
to the closing, it's always a good idea to do a walk though of the
property to make sure that it is in the same condition as when you
decided to buy it.