J.J. Ballard's Blog

Think again if you’re considering buying a home without having it inspected. This particularly applies to first-time buyers who have little, if any, experience with home defects and repairs. Even professionals can make mistakes when buying homes without having them thoroughly inspected.

In one example, an experienced contractor bought a home to fix up and resell. The contractor looked over the property carefully before he bought it, but he did not have it inspected by an impartial home inspector.

After the contractor took possession of the property, he discovered that the furnace was shot and required replacement. The cost of a new furnace was not included in his renovation budget.

Homebuying is an emotional experience no matter how hard you try to keep it strictly business. You have high hopes that nothing will go wrong and the transaction will close. The appeal of a home could cloud your objectivity about the real purchase price when you consider the work that needs to be done to repair defects and deferred maintenance.

Home and magnifying glass image via Shutterstock.com.

Think again if you’re considering buying a home without having it inspected. This particularly applies to first-time buyers who have little, if any, experience with home defects and repairs. Even professionals can make mistakes when buying homes without having them thoroughly inspected.

In one example, an experienced contractor bought a home to fix up and resell. The contractor looked over the property carefully before he bought it, but he did not have it inspected by an impartial home inspector.

After the contractor took possession of the property, he discovered that the furnace was shot and required replacement. The cost of a new furnace was not included in his renovation budget.

Homebuying is an emotional experience no matter how hard you try to keep it strictly business. You have high hopes that nothing will go wrong and the transaction will close. The appeal of a home could cloud your objectivity about the real purchase price when you consider the work that needs to be done to repair defects and deferred maintenance.

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In some areas, the home-sale market has picked up. One example is California’s Silicon Valley, where job growth is strong. There is far more demand than there are homes for sale, which tends to drive prices up.

In some cases, buyers will waive contingencies in order to outbid the competition. Buying without including an inspection contingency in the purchase contract can be an expensive strategy if you later find defects that are expensive to repair.

The risk is minimized if the sellers provide the buyers with copies of recent presale home inspections done by reputable local home inspectors before they write an offer. However, most home inspection reports recommend further inspections. Diligent sellers take the extra step and have further inspections done, like a roof or furnace inspection. Many do not.

HOUSE HUNTING TIP: A second opinion from a highly regarded home inspector can’t hurt. The reason to have inspections at all is to find out as much as possible about the property’s condition before you go through with the sale. Don’t skip an inspection to save money.

Sometimes, buyers who are satisfied with the report they received from the seller’s home inspector will hire that inspector to do a walk-through inspection based on the seller’s report. This means a second home inspector isn’t involved. But at least the buyers have an opportunity to spend time at the property with the seller’s inspector, ask questions, and find out more about what works and what doesn’t.

Inspection contingencies protect the buyers and, depending on how the clause is written, can allow the buyers to withdraw from the contract without losing their deposit. This is why sellers are often drawn to an offer that doesn’t have an inspection contingency. However, accepting such an offer can create problems.

Inspection contingencies also protect sellers from future legal entanglements with the buyers over items that weren’t discovered before closing. It’s much easier to resolve inspection defect issues before, than after, closing.

Inspection contingencies can create an opportunity for buyers to ask sellers to fix defects, lower the price, or credit money at closing to cover the cost of repair work.

When buyers ask sellers to make concessions after they bought the house “as is” with respect to certain disclosed defects, it can be a deal-breaker. However, reasonable sellers will often attempt to negotiate an acceptable solution regarding newly discovered defects rather than put the house back on the market.

If you’re buying in a competitive market and find you’re losing out because you won’t waive an inspection contingency and others are willing to take the risk, consider having inspections done before making an offer.

THE CLOSING: Make sure to ask permission from the seller through the listing agent.

By Dian Hymer, Monday, January 2, 2012.

Inman News®

Dian Hymer, a real estate broker with more than 30 years’ experience, is a nationally syndicated real estate columnist and author of “House Hunting: The Take-Along Workbook for Home Buyers” and “Starting Out, The Complete Home Buyer’s Guide.”

Q: What is the down payment?

A: The down payment is the property value less the loan amount. It is not the same as the borrower’s cash outlay if some of that outlay is used for settlement costs. On a newly constructed home, the land value can be part or all of the down payment.

Q: If the appraised value of a home exceeds the sale price, can the difference be applied to the down payment?

A: No, the property value upon which down payment requirements are based is the lower of sale price and appraised value. An appraisal higher than the price is disregarded.

House and calculator image via Shutterstock.com.

Q: What is the down payment?

A: The down payment is the property value less the loan amount. It is not the same as the borrower’s cash outlay if some of that outlay is used for settlement costs. On a newly constructed home, the land value can be part or all of the down payment.

Q: If the appraised value of a home exceeds the sale price, can the difference be applied to the down payment?

A: No, the property value upon which down payment requirements are based is the lower of sale price and appraised value. An appraisal higher than the price is disregarded.

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But there is an important exception, called a gift of equity, where the home seller is someone near and dear, usually a family member, who is willing to sell below market value. In such cases, the lender will probably require two appraisals, and the seller must follow Internal Revenue Service rules to avoid gift taxes, but those are minor nuisances.

Q: Can a home seller contribute to the buyer’s down payment?

A: No, because of a presumption that such contributions will be associated with a higher sales price. However, subject to limits, home sellers are allowed to pay purchasers’ settlement costs. This reduces the cash drain on purchasers, allowing more of it to be used as down payment.

Q: Can the lender contribute to the buyer’s down payment in exchange for a higher interest rate?

A: No, but lender rebates or “negative points” can be used to pay settlement costs as a possible alternative to seller contributions.

Q: Can cash gifts be used as a down payment?

A: Only if the gift comes from a relative or live-in partner who can document its source. Gifts from parties to the transaction such as home sellers or builders are not acceptable as down payment funds because of the presumption that the gift affects other parts of the transaction, especially the sale price.

The lender must also be convinced that the gift is not a disguised loan with a repayment obligation that might reduce the borrower’s ability to repay the mortgage.

Borrowers who receive undocumented cash gifts can include them as part of their own funds if they can show that the funds have been in their account for at least 60 days. They should have two monthly statements issued after the funds are deposited in the account.

House and calculator image via Shutterstock.com.

Q: What is the down payment?

A: The down payment is the property value less the loan amount. It is not the same as the borrower’s cash outlay if some of that outlay is used for settlement costs. On a newly constructed home, the land value can be part or all of the down payment.

Q: If the appraised value of a home exceeds the sale price, can the difference be applied to the down payment?

A: No, the property value upon which down payment requirements are based is the lower of sale price and appraised value. An appraisal higher than the price is disregarded.

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But there is an important exception, called a gift of equity, where the home seller is someone near and dear, usually a family member, who is willing to sell below market value. In such cases, the lender will probably require two appraisals, and the seller must follow Internal Revenue Service rules to avoid gift taxes, but those are minor nuisances.

Q: Can a home seller contribute to the buyer’s down payment?

A: No, because of a presumption that such contributions will be associated with a higher sales price. However, subject to limits, home sellers are allowed to pay purchasers’ settlement costs. This reduces the cash drain on purchasers, allowing more of it to be used as down payment.

Q: Can the lender contribute to the buyer’s down payment in exchange for a higher interest rate?

A: No, but lender rebates or “negative points” can be used to pay settlement costs as a possible alternative to seller contributions.

Q: Can cash gifts be used as a down payment?

A: Only if the gift comes from a relative or live-in partner who can document its source. Gifts from parties to the transaction such as home sellers or builders are not acceptable as down payment funds because of the presumption that the gift affects other parts of the transaction, especially the sale price.

The lender must also be convinced that the gift is not a disguised loan with a repayment obligation that might reduce the borrower’s ability to repay the mortgage.

Borrowers who receive undocumented cash gifts can include them as part of their own funds if they can show that the funds have been in their account for at least 60 days. They should have two monthly statements issued after the funds are deposited in the account.

Q: Are there any substitutes for a down payment?

A: In principle, any collateral acceptable to the lender could serve as a substitute for a down payment. The only such substitute found in the U.S. is securities, which must be posted as collateral with an investment bank that also makes mortgage loans. Borrowers who do this are betting that the return on the securities will exceed the mortgage rate.

Mortgage insurance and second mortgages can also be viewed as substitutes for down payment. They do not provide the first mortgage lender with additional collateral, but they shift a major part of the risk of the low-down-payment loan to a third party who is paid by the borrower for assuming it. The payment is either a mortgage insurance premium or a relatively high interest rate on a second mortgage.

Q: Is it wise to withdraw funds from a 401(k) to make a down payment?

A: Withdrawing funds is very unwise, as you would be hit with taxes and penalties, but borrowing against your account might make sense, provided your employer allows it. The cost of borrowing against your 401(k) is not the loan rate, which you pay to yourself, but the return the money would have earned if left in the account.

The risk is that if you lose your job, or change employers, you must pay back the loan in full within a short period, often 60 days. Otherwise, the loan is treated as a withdrawal and subjected to taxes and penalties. Loans from a 401(k) cannot be rolled over into a 401(k) account at a new employer.

Q: What are the costs and benefits of making a larger down payment than is required?

A. The cost is measured by the rate of return you could earn on the money if you invest it rather than use it for a larger down payment. The benefit is measured by the mortgage interest rate, as that rate determines the interest savings on the amount you don’t borrow.

If you increase your down payment by $10,000 on a 4 percent mortgage, you earn 4 percent on the $10,000 you didn’t borrow.

A possible additional benefit arises when the larger down payment reduces the cost of the loan by lowering either the mortgage interest rate or the mortgage insurance premium.

My calculator 12a shows the total rate of return on investment in a larger down payment taking account of any such cost reductions.

By Jack Guttentag, Monday, December 19, 2011.

Inman News®

The writer is professor of finance emeritus at the Wharton School of the University of Pennsylvania. Comments and questions can be left at www.mtgprofessor.com.

Buyers who lose out in a multiple-offer competition or who make an offer a little too late may be offered the opportunity to be in a backup position. A backup offer is one that’s accepted subject to the collapse of an already accepted offer.

The seller can accept multiple backup offers, in which case they are ranked: backup offer No. 1, backup offer No. 2, and so forth. It’s rare in the current market for there to be more than one backup offer.

If you’re offered backup position, should you accept it? Buyers are often reluctant to accept a backup offer because they feel it will strengthen the resolve of the buyers in primary position to move forward with the deal if they hit a rough patch, such as a previously unknown inspection issue. And, in fact, this can happen.

Recently, buyers went into contract to buy a home in Oakland, Calif. The sellers provided many reports and disclosures on the condition of the property. However, someone inspecting for the buyers had a different opinion about the condition of the roof, gutters and downspouts, and said it would cost an extra $13,000 to fix.

Two days after the first contract was accepted, another buyer made an offer that was accepted in backup position. The backup offer was for a higher price than the primary offer. Rather than lose the house to the backup buyers, the first buyers removed their inspection contingency despite the new information they received about the condition of the roof.

Some buyers fear that if they accept backup position they will halt their search effort until they know for sure that they can’t have the home they want. This is a factor you can control. If you accept backup position, don’t slow down your quest to find a home to buy.

HOUSE HUNTING TIP: Make sure there is a provision in the backup position clause in the contract that says the buyers can withdraw at any time up until they are notified that the primary offer has collapsed and their offer has been elevated to the primary position.

It’s usually worthwhile to accept a backup position because there is a high fallout rate in the current market. Just don’t sit around waiting for the first deal to fall apart.

From the sellers’ perspective, it’s usually a good idea to counter an offer for backup position if there is more than one offer. Keep in mind that most buyers would rather be in primary position. Some won’t accept backup for the reasons mentioned above, or they may have another house in mind if they don’t get yours.

To entice a buyer to accept backup position, you may have to accept an offer with a lower price than the primary offer. Don’t expect a buyer to accept a counteroffer from you for backup position that also includes a price increase. Make sure you tidy up the offer as if it were a primary offer. There won’t be a chance to change the terms if the primary deal falls apart.

Don’t accept any offer just to have a backup offer. If you have a backup offer and the first contract fails, your home goes to the backup buyer without going back on the market. This can be a benefit to both buyers and sellers. The backup buyer doesn’t have to face multiple offers again, and the sellers don’t have to go through the hassle of finding another buyer.

Sellers who don’t like a potential backup offer because of a very low price might be better off not countering the offer for backup position.

THE CLOSING: Sellers should feel comfortable with a prospective backup offer; they may have to live with it.

By Dian Hymer, Monday, October 31, 2011.

Inman News™

Dian Hymer, a real estate broker with more than 30 years’ experience, is a nationally syndicated real estate columnist and author of “House Hunting: The Take-Along Workbook for Home Buyers” and “Starting Out, The Complete Home Buyer’s Guide.”

Now more than ever, it’s important to protect yourself from unexpected surprises when you buy a home. The goal is to find out as much about the house as possible before closing.

Your offer should include an inspection contingency even if you’re making an offer in competition. The contingency wording should be broad enough for you to inspect whatever you deem necessary so that you are confident the home will satisfy your housing needs within a budget you can afford.

If the inspections reveal defects that can’t be corrected, or ones that can but the sellers won’t participate in the solution, you should have the option to withdraw from the contract and have your deposit returned.

Most buyers have a home inspected by a home and structural pest control (“termite”) inspector. Additional inspections recommended, such as for roof or drainage, should also be done.

Jiri Vaclavek/Shutterstock

Now more than ever, it’s important to protect yourself from unexpected surprises when you buy a home. The goal is to find out as much about the house as possible before closing.

Your offer should include an inspection contingency even if you’re making an offer in competition. The contingency wording should be broad enough for you to inspect whatever you deem necessary so that you are confident the home will satisfy your housing needs within a budget you can afford.

If the inspections reveal defects that can’t be corrected, or ones that can but the sellers won’t participate in the solution, you should have the option to withdraw from the contract and have your deposit returned.

Most buyers have a home inspected by a home and structural pest control (“termite”) inspector. Additional inspections recommended, such as for roof or drainage, should also be done.

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Ideally, you want to know not only the severity of a defect, but how much it will cost to repair. It’s a good idea to ask for written reports and repair estimates, despite the additional cost. Written reports can be effective in negotiations with the sellers over inspection issues.

Even if you don’t intend to negotiate, written reports provide a record that will help you complete the needed repair work. It will also serve to inform the future buyers about the condition of the property when you bought it.

HOUSE HUNTING TIP: An item that is often overlooked during buyers’ inspections is the permit history on the house. It can be a hassle dealing with the city bureaucracy, and few buyers have time to go to the city planning department. Some even pay others to take care of this task. One way or the other, it should be done. Ignoring this detail can result in problems.

Several years ago, a buyer in the hills of Oakland, Calif., didn’t check the permit history when she bought. When she applied for a permit to do work on her house, she was denied because of outstanding permits taken out by the previous owner that hadn’t received final approval.

In order to obtain a permit, she had to have the property inspected by the city and do any work necessary to receive the final approval — all at her expense. This can cost thousands of dollars.

Recently a homebuyer in Oakland’s trendy Rockridge neighborhood obtained the permit history on the home she was buying. Two items became apparent that required further investigation.

One involved a remodel done by a past owner, not the current owner, for which a variance was granted. The permit received final approval. However, final permit approval was conditioned on the seller agreeing to record a notice of property use limitation on the title to the property. The preliminary title report on the property didn’t show a notice of property use limitation.

The title company searched the title record again, aware of the dates around which the notice should have been recorded, and found it. The title company issued an amended report correcting its mistake.

The permit search also indicated that there were fees owed against the property. The buyer was concerned because she planned to do work after closing and didn’t want to be stuck paying fees that she hadn’t incurred, especially having no idea how much was owed.

It turned out that the fees would not be charged to the new owner. One was for an application made by a past owner that had expired. The city had not performed any services. The other was from 1997, which was deemed to be too old to collect.

THE CLOSING: While you’re checking the permits, be sure to ask if any fees are owed. You may need to check directly with the cashier.

By Dian Hymer – from Inman News Weekly Headlines

Dian Hymer, a real estate broker with more than 30 years’ experience, is a nationally syndicated real estate columnist and author of “House Hunting: The Take-Along Workbook for Home Buyers” and “Starting Out, The Complete Home Buyer’s Guide.”

Buyers who purchased during the bubble market often paid too much in competition for a home that needed a lot of work, and then they did few or none of the repairs. In a rising market, buyers were willing to ignore defects and buy “as is” rather than miss out on rapid appreciation.

The opposite is the case today. Home prices have declined an average of 30 percent nationally from the peak. Buyers usually don’t overlook defects, even though the house is still standing and the defects have been there for years.

Today, homes are well-inspected. Defects are taken seriously. Buyers either ask the sellers to do repair work, reduce the price, or credit money to them at closing to help with renovations.

Disclosing property defects is required in most states. The timing of compliance with this requirement is an issue with some sellers.

Sellers don’t want the information made available to buyers before they make an offer for fear that the buyers won’t offer at all if they know the condition of the property. This approach will backfire when the buyers receive the information and the deal falls apart if no agreement is reached on who pays for what.

HOUSE HUNTING TIP: A better approach is to make known as much information as you can about the property condition to the buyers before they make an offer. If you want an “as is” sale, which means you don’t want to take care of any of the recommended repairs, make sure your list price reflects the work that needs to be done.

For instance, if your home has a market value of $450,000 and requires $30,000 of repair work, list it for $415,000. This gives the buyer a $5,000 incentive to take on the project.

There is always the possibility that the buyers’ inspections will find defects that weren’t revealed by the sellers or in any presale reports they provided. But, at least there’s less chance that the deal will fall apart.

A relatively small credit or price reduction will be easier to deal with if the buyers are applying for a mortgage to complete the purchase. Lenders have limits on how much they will allow a seller to credit a buyer at closing.

Check with your loan agent or mortgage broker about the amount of the credit. The lender will probably need an addendum to the purchase price that says the sellers are crediting the buyers a certain amount toward their closing costs.

One way to improve your sale prospects and bypass any lender concerns about property condition is to have work done before you put your home on the market. This requires time and money, so it’s not an option for all sellers.

Items to consider repairing are ones that might keep the sale from closing on time. For instance, if your front porch or back deck is rotted to the point of being a hazard, the lender’s appraiser will indicate this on the appraisal report. The lender will probably require that the work be done before closing. If you can’t line up contractors to complete the work quickly, this could delay the closing.

To save money, some sellers hire unlicensed workers to repair defects. There is potential liability if the work requires a city building permit. Make a list of all the presale work you had completed, who did it and when. Indicate if the person who did the work was licensed or unlicensed. Give the list to the buyers far enough in advance of closing so they can have the work inspected by a professional of their choice if they want to.

THE CLOSING: Selecting less expensive contractors to save money can end up costing you more if they don’t do a complete and proper job.

By Dian Hymer from Inman News

Dian Hymer, a real estate broker with more than 30 years’ experience, is a nationally syndicated real estate columnist and author of “House Hunting: The Take-Along Workbook for Home Buyers” and “Starting Out, The Complete Home Buyer’s Guide.”

A real estate purchase is a business transaction, so be careful of unrealistic expectations and high emotions. 

The first myth that many first time home buyers fall prey to is that “the perfect home is out there.”   Buying a home is  an exercise in compromise.  Do not focus on the things that are wrong in a house, but on how many items on your wish list the home has, and decide what are real deal breakers, and what you can live with.

Don’t get caught up in how the home “feels” to you.  Real estate agents are trained, and hire stagers to prepare the home for the best possible response from a buyer, so look at the house with a critical eye and try to imagine your belongings in the home.

Don’t  always believe what the listing agent says or that the information on the listing fact sheet is correct, always verify the information for yourself.  If the accuracy of the square footage is important to you, bring a tape measure.  Compare the number of closets, cabinet, and electrical outlets to those in your current home.

In the recent past, buyers would buy ”as much house as they could get.”  In todays climate, it is makes much more financial sense to look for a home that is not excessive, but has what you need to live comfortably.

Do not have buyers remorse, if your offer was accepted by the sellers right away, this is not an indication that your offer was too high.  If you were comfortable with the offer you made, then you should be happy your offer was accepted.  The goal is to make everyone happy with the result.

As we learned from this economic crisis, your home is not necessarily going to go up in value.