Real Estate forms–Sellers

Legal transactions always involve the use of forms and contracts to make the deal enforceable.  These include selling a residential property such as a home.

Selling real estate properties require the use of specific forms.  These can be the standard ones or the state specific forms.  The reason is that some states have their own set of laws when it comes to buying and selling homes which homeowners and real estate agents should follow.

Whether you’re selling your home on your own or are using a real estate agent, here are some of the most important forms that you should prepare.

Home/Property disclosure form.

This particular document is required from sellers.  As per its name, it aims to disclose the physical condition of the property at the time of sale.  To gain the trust of potential buyers and agents, home sellers needs to be as honest as they can in providing information about the real state of the property such as repairs made and other existing physical defects.

Lead disclosure form.

Those selling homes built before 1978 are required to submit this form as per the Residential Lead-Based Paint Hazard Reduction Act of 1992.  The goal is to disclose any known information regarding the use of lead paint and possible hazards, the location of this paint and condition of painted surfaces.

Executing this form is also a way of protecting the parties involved.  This can even serve as a deciding factor for the buyer whether to push through with the purchase or not after learning of the property’s condition.

Purchase contract.

Also known as a purchase agreement or sales agreement/contract, this document states the intention of the buyer.  It specifies the proposed purchase price and details of the person buying the property as well as suggestions for an appraisal and home inspection if necessary.  It should also state the payment terms such as if a deposit is required, how much and who should handle the amount.

Normally, an escrow agent is needed and in most cases, a lawyer acts as the agent.

Counter offer.

This can be presented by buyers who may not be amenable to the requested purchase price by the seller.  Most often, the counter offer asks for a lower amount and this done formally through the execution of a document.  This contains the property address, original and proposed selling price, terms and conditions, date when the proposal ends and suggested terms of payment.

There are two options when the counter offer is accepted by the seller.  It’s either the revisions will be included in the offer to purchase document or the signed counter offer will serve as supporting document to the sales contract.

Home inspection form.

If the homeowner has earlier called for a professional to do a home inspection, he or she can provide a copy of the inspection report to the potential buyer.  This will give the buyer a concrete idea in advance on the real condition of the residential property being sold and can even save him or her additional costs.

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ADA COUNTY MARKET UPDATE

The expiration of the home buyer tax credit generated the most sales in a single month for Ada County since July of ’07.

April ’10 sales were 667 houses; 58% more than April ’09 and 56% more than April ’08. We have now experienced eleven consecutive months of year-over-year increases. I’m going out on a limb and calling this a real recovery!

Pending Sales at the end of April suggest we are not done yet…remembering that we had to get buyers into a binding contract by April 30 and closed by June 30. There were 1162 sales pending at the end of April compared to 1072 at the end of March…an 8% increase.

Median price dropped in April to $150,000. This is down 12% from January ’10 and down 15% from April ’09. Part of this number is likely from the crush of first time buyers wanting to get in before the tax credit expired (and who typically are buying in the <$120,000 price range.

Unfortunately, the other key driver is that 50% of all sales in April were distressed.

Interestingly…as median for existing home stock dropped almost 5% from March to April…new home’s median price increased 3% for the same period.

Inventory at the end of April was 3,567…pretty close to June 2006 levels.

Buyers of homes $250,000 exceeding 10% of total sales for the first time in a long time.

Numerous news sources commented on our distressed properties in April. According to the numbers that I have…we continue to see slight improvement… At the end of April 47% of all listed properties were distressed. BUT…only 39% of all pending sales are in the same condition.

So, what’s next? May and June should see continued strong sales as we try to close everything that had to be under contract by the end of April.

Source:  ACAR