If you’re reading this…
CONGRATUATIONS! on your accepted offer.
HERE ARE THE NEXT STEPS:
So you have a deal together, what now?…
ORDER OF EVENTS:
Transfer of utilities
NYS Real Estate contracts state that both parties (buyer and seller) will have an opportunity for their attorney to review the contract in their best interest prior to the contract being enforceable and throughout the transaction.
-Do you need one? It is highly recommended that you (buyer) obtain one, and for the price, it is a no brainer, but although rare you could represent yourself “pro se”. Your real estate agent will be by your side and walk you through the process, however the attorney plays a large role as well. The seller will be using one, so it makes sense to match suit.
-What do attorney fees run? They range from $700-$900 for a typical transaction
-What will they do? Your attorney typically has 5 days from when they receive the contract to respond formally to the opposing attorney with their acceptance/changes. The attorneys will go back and forth if needed until an agreement is met and then attorney review will be complete, and your contract will be established. Contracts are not enforceable until attorney review is complete.
-How do I obtain an attorney? If you already have an attorney you prefer to work with, you can use them! However, if you do not, here is the list of local attorneys we recommend. We do suggest using a local attorney that is well versed in Real Estate transactions as that would be in your best interest.
-When do I obtain an attorney? Once you have a deal (seller has accepted your offer), and as quickly as possible to keep your transaction moving. You should call either your attorney or one from our list and let them know that you have a contract to purchase real estate and need attorney representation and ask if they will take you on as a client.
-Then what? Once you have an attorney secured, pass along the attorney’s name, email, phone number to your real estate agent so they can forward them all the documents on the sale.
- Brian Borie, MFCLLP in Glens Falls
- Dan Wade, Ianniello Anderson
- Mark Rehm, Glens Falls
- David Klingebiel, Glens Falls
- Patricia Watkins, Glens Falls
- Mary-Ellen Stockwell
For purchases that have buildings on site, not vacant land.
-What is it? For properties with structures on them, you can hire a licensed building inspector to come in and evaluate the building prior to purchase. If your property has a private septic system, you can also hire a septic company to come inspect the system and pump out any tanks to have a “fresh start” for your purchase.
-How much is it? The pricing varies from inspector and property details. You will need to discuss this directly with your inspector upon hiring. For planning purposes you can guesstimate around $300-$450 for building and about the same for septic if applicable.
-Why would you do this? Your sale can be contingent on the results of the inspections so that if anything major arises, you would be able to walk away from the deal and get your deposit back if desired. Often a negotiation of these items can take place to keep the deal together.
-Do I need to do them? This is a conversation you would have had prior to making an offer. Your real estate agent will highly recommend you perform them; however, some buyers chose to move forward without inspection(s), and this will of course make for a more attractive offer to the sellers.
-How do I schedule them? Once you get things moving with the attorney, you will call your own inspectors, or chose from any of these highly recommended on the list below. Tell them you are purchasing a home and need to have an inspection done between (last day of attorney review which is 5 business days from delivery of contracts to attorney) and(inspection deadline date on contract). IF your property has a septic, you will want to ALSO call a septic inspector and schedule that for the same date/time, or hour later.
-What if something comes up during the inspection? If you attend the inspection, you will likely be made aware of any issues, however your inspector will also get you a full report for reference. If there are items that you feel need to be addressed, you always have the option to present them to the seller. Any issue greater than $1500 to remediate is grounds for either renegotiating the contract (credit at closing, reduction in price), requesting the seller make the repair change prior to close, or you can walk away and get your deposit back. You will need to discuss any items with your real estate agent, and when presenting the issue and request to the sellers (their agent or attorney) you typically will need to provide the excerpt of that item from the inspection report and a quote in writing from a licensed contractor in that field (yes, it is up to the buyer to “prove” that the item will cost “x” amount to repair).
-What if all is good at the inspection? If you’re satisfied with all the results from the inspection, your real estate agent will inform the sellers (agent/attorney), your attorney, and your lender that we are moving forward and to continue with title and working towards a clear to close with the bank if financing.
- Darrell Clark of Prime Property Inspections
- Mike Feeder of Assured Home Inspections
- ACE Home Inspections
- Steve Connell of Sherlock Home Inspection, LLC
- Frank Steinbach of Top Inspections
- Tom Callahan of TC Inspections
SEPTIC INSPECTORS: *ONLY FOR PRIVATE SEPTIC SYSTEMS, not sewer*
- Hometown Sewer Service (Warrensburg, NY)
- IBS Septic (Queensbury, NY)
- Smith’s Sewage Services (Pottersville, NY)
- Straight’s Septic (South Glens Falls)
Inspection Notes: You will want to schedule BOTH the building AND septic (if applicable) for the same day/time.
AFTER BUILDING INSPECTIONS:
– If there is a second escrow deposit on your purchase contract, your agent will request this from you and get it to the listing brokerage to hold in escrow until closing.
-Shop and secure a Homeowner’s Insurance Policy. You will need to provide this to the bank if financing is involved.
-The title company will be working through this entire process, in a busier market this can take some time as there is a lot of work involved in a title search.
– IF FINANCING IS INVOLVED: Follow up with your bank and provide all documentation/application for continuing with loan to move towards mortgage commitment.
-Your lender will order the appraisal. This must come in at or above purchase price. If it comes in below, you would need to make that difference up in cash. Speak directly with your lender on what your options would be in this case. Your real estate agent can work to negotiate a reduction in purchase price with the sellers’ if this occurs or in some instances, you can contest the appraisal and get it re done in efforts to come in at the needed value.
-Keep in close contact with your lender to be sure to sign all documents needed and work with them towards a clear to close on your financing.
TRANSFER OF UTILITIES:
~1 WEEK BEFORE CLOSING
Call all utility companies to have the service planned to be switched to your name. Let your real estate agent know if you need any information to complete this process. Some or none will apply:
This is done within 48 hours prior to your closing (often right before the closing!) and is a brief run through the house to be sure things are as you last saw them and acceptable (not garbage scattered through the house, major furnishings not expected to be left behind, holes in sheetrock, etc.). If something were to go wrong, your agent will contact the sellers’ agent/attorneys to find the best course of action. This is to protect you before signing paperwork on the transaction. Your real estate agent will schedule this with you just like a showing.
Where/When: The attorneys will schedule this and coordinate with your lender (if financing is involved). There are moving parts that affect the closing date/time/location including but not limited to attorney schedule, bank schedule, title company, seller schedule, your schedule (buyer), and more. The closing date is not typically exactly the date you see on your purchase contract, as that is a mere guestimate at the beginning stages of the transaction. Your real estate agent will work to stay in communication with the lender, attorneys, and sellers’ agent on scheduling/timing, but it is ultimately out of their control.
CLOSING COSTS: This is a common question… what will my closing costs be?
-You will pay prorated paid taxes from closing date through date paid
-You will pay prorated what the seller’s have leftover on the property of fuel oil/gas
-If financing, you will pay on average 3 to 4% of purchase price in closing costs, you must verify these numbers with your lender
Your attorney/lender will give you the final figures as to what you need to bring to the closing- please verify if you need to bring bank checks or personal checks.
Enjoy your new property, keep in touch, and feel free to reach out to your real estate agent at any point for any recommendations/questions in the future!
If your agent has not already provided, ask them for the Selling ADK “Local List”!
Thank you for trusting Selling ADK to be your go-to during your purchasing experience!