Under Contract

Real Estate Customs & Contracts Vary Significantly by Market

elieliresidentialcom Arlington, Buyer, Home Owner, Seller , , , , , 0 Comment
Real Estate Customs & Contracts Vary Significantly by Market

Question: Is it normal for sellers to leave appliances behind for the next owner?

Answer: A friend of mine is moving in Southern California and mentioned having to move his refrigerator to the new house, which I found odd, but apparently, it’s common in California and other parts of the country. My theory is that one day somebody decided to take their coveted refrigerator with them and it created a chain reaction of everybody having to take their appliances with them after that!

Over the years, I’ve picked up on customs and contract terms that differ significantly here from other markets. I thought I’d come up with a list of standard customs and contract terms in Northern VA that often come as a surprise to buyers and homeowners who have transacted in other markets.

I’d love to hear from readers in the comments about other local practices that surprised you if you were used to real estate customs and contracts in another market.

  1. Appliances Convey: All of the appliances, including washer/dryer, have conveyed (transferred to the next owner) in every transaction I’ve been part of. Buyers and sellers have to agree during negotiations what appliances and other items do or do not convey.
  2. No Individual Attorneys: It’s rare for an attorney outside of the Title Company to be involved in a transaction. The same Title Company almost always works on behalf of both parties (without bias).
  3. (Lack of) Seller Disclosures: Virginia is one of the few “Buyer Beware” (Caveat Emptor) states in the country; which essentially means that sellers in Virginia do not have to disclose any property defects, but they can’t hide them or lie about them either. For homes built before 1978, there’s a one-page lead disclosure form for a seller to note if they’re aware of the existence of lead paint on the property. Most states, including DC and MD, have lengthy seller-disclosure forms.
  4. Dual Agency Allowed, Not Common: Dual Agency, as defined in Virginia, is when one agent represents the buyer and seller on the same transaction. While allowed, if both parties sign-off, it is pretty uncommon.
  5. No Response/Counter Deadline: The contract does not require either party to respond to an offer or counter within a certain period of time unless one party writes in their own deadline
  6. Earnest Money Deposits/Escrows: It is customary for the deposit (EMD/Escrow) buyers make to secure the contract to be due within 3-5 days of ratification (terms accepted by both parties) and the deposit is usually 1-5% of the purchase price
  7. Days: Contractual obligations are usually measured in days from ratification. A “day” in Northern VA contracts is any calendar day, no skipping weekends or holidays, and ends at 9PM.

What’s the takeaway here? Even if you have real estate experience in other markets or past experience in our local market, it’s always good to refresh yourself on local customs and contracts.

If you’d like to discuss buying or selling strategies, don’t hesitate to reach out to me at Eli@EliResidential.com.

How to Write a Strong Offer

judson726 Arlington, Buyer , , , , 0 Comment
How to Write a Strong Offer

Question: The last time I bought a house, the market was much more favorable for buyers. I’ve heard so much about competing offers and the need to submit a strong offer, but what exactly does that mean?

Answer: Other than price, there are about a dozen terms included in your offer that will determine its strength — the value/appeal it has to the seller. Of course, every home owner wants to get the most money possible, but they also care about when the sale is executed, the likelihood of getting to settlement, renegotiation periods, risk and more.

Sometimes a seller takes a lower offer price in exchange for better supporting terms. Understanding what type of offer is appropriate/necessary for a property and how certain terms change your (buyer or seller) risk exposure on the transaction is critical.

Let’s take a look at some of the terms included in most contracts that have the biggest impact on the actual or perceived strength of an offer.

Price/Escalation Addendum

This is an obvious one. Higher price = stronger offer. Escalation Addendums are common when there are multiple offers, but how and when to use them is a nuanced, yet critical, decision.

The Escalation Addendum allows you to beat any competing offer by a specified amount, up to the highest amount (ceiling) you’re willing to pay for a property. Used correctly, it prevents you from leaving money on the table, while not paying too far above what the rest of the market is willing to offer.

Contingencies

The three most common contingencies are for the home inspection, appraisal, and loan. Each provide the buyer with a set of protections that allow them to renegotiate and/or terminate the contract, without losing the deposit. Removing a contingency or shortening the contingency timeline increases the strength of an offer.

  • Home Inspection:  It used to be standard for Arlington buyers to include a negotiation period in the home inspection contingency, allowing them to negotiate for repairs or credits based on the results of the inspection or terminate the contract. Now it is much more common for buyers to forego the negotiation period and simply retain the right to void (aka a pass/fail inspection), which is much more attractive for a seller. Even more attractive is when buyers perform a pre-inspection on the property (inspect before submitting an offer) and remove the home inspection contingency altogether.
  • Appraisal: If you’re using a mortgage to purchase a home, your lender will almost always require a property appraisal. The appraisal contingency allows you to renegotiate or terminate the contract in the event the home appraises for less than the purchase price. It is common for buyers to remove the appraisal contingency or agree to cover up to a certain amount on a low appraisal to increase the strength of an offer.
  • Financing: The financing contingency allows you to terminate the contract without losing your deposit if your loan isn’t approved. Many buyers who have undergone a thorough pre-approval process have enough confidence in their ability to secure the mortgage that they remove this protection, thus conveying a strong financial position to the homeowner.

Speed of Sale

Most sellers want to close (executed sale) as quickly as possible so cash-buyers have the biggest advantage here because they can usually close in a week or less. For the more than 80% of Arlington home buyers relying on a mortgage, many choose to work with smaller, local lender who can sometimes close in as little as 2-3 weeks. Offering a quick-close to a seller can give your offer a significant boost.

Financing

If you’re relying on a mortgage, sellers are usually more drawn to higher down payments. That’s not to say that a 3-5% down  payment (or 0% on a VA loan) can’t win in a competitive scenario, but you are at a disadvantage and will often get passed over when all other terms/pricing are relatively equal.

A thorough pre-approval process by a quality/reputable lender can provide the seller with confidence that if they accept your offer, there is very little risk of the deal falling apart due to financial issues. Sometimes sellers take less money work with a buyer they have more confidence in.

Earnest Money Deposit (EMD)

This is money held in escrow (usually by the Title Company) as security for the seller that you’ll perform under the obligations of the contract. It gets applied against what you owe at closing for down payment + closing costs, but is at-risk if you default on the contract (terminate outside the legal means/contingencies).

Traditionally, a reasonable deposit ranged from 1-3% of the purchase price, but some buyers are electing to make substantially larger deposits in an effort to establish financial strength. Instances of buyers offering deposits of 10% or more are becoming more common.

Rent-Back

Oftentimes if the homeowner is still living in the house during the sale, their preference is to close as quickly as possible and then have some time to move out after the sale is complete – this is called a rent-back. It used to be common for the seller to cover the buyer’s daily carrying cost (mortgage + taxes + insurance + HOA fee) for the length of the rent-back, but in this hyper-competitive market, a strong offer often includes a free rent-back for the seller.

The use and structure of each of these terms is dictated by many factors including demand/competition, days on market, seller-preferences, and buyer priorities/risk tolerance. As a buyer, being prepared with the right offer strategy and understanding the risk-benefit tradeoffs for each term can be the difference between landing your dream home or going back to the drawing board.

If you’d like to discuss buying or selling strategies, don’t hesitate to reach out to me at Eli@EliResidential.com.