Thursday, May 8, 2008

Pre-Listing Inspections

Pre-Listing Inspections

A home inspection is supposed to give you peace of mind, but often has the opposite effect. You will be asked to absorb a lot of information in a short time. This often includes a written report, checklist, photographs, environmental reports and what the inspector himself says during the inspection. All this combined with the agent’s inspections and what the sellers have notice themselves makes the experience even more overwhelming. Ordering a home inspection BEFORE you list a homes for sale is a great idea for people who are interested in getting to a closing quickly and with fewer surprises.


Save Time and Money

As a seller, you must provide a Seller’s Disclosure tat indicates all known defects in a property. In this situation, however, what you don’t know can hurt you!

The property inspector is usually hired by the Buyer and arrives at your property after a contract is negotiated to inspect and list any defects, questionable areas, upgrade suggestions and maintenance.

When significant problems are found by the Property Inspector the buyer may:
Terminate the contract
Or ask for amounts to have the problem fixed
Or be so alarmed by the defect found, will terminate the contract without giving you the chance to fix it.

In any of these situations, your property is back on the market and the problem is still there for the next buyer to find.

A Seller’s inspection will virtually eliminate all the hassles and blown deals inspections cause when the Buyer brings their inspector. It gives the leverage back to the Seller.

Most Sellers are honest and are often surprised to learn of defects uncovered during an inspection. Realize that sellers are under no obligation to repair everything mentioned in the report. No property is perfect – so keep things in perspective. Do not kill your deal over things that do not matter. It is inappropriate to demand that a seller address deferred maintenance, conditions that already listed on the seller’s disclosure or nit-picky items.


What About Repairs?

The ideal use of a pre0inspection by a home seller is to determine what repairs are needed in the property and make them.

Sellers with properties found in need of repairs should make the repairs and provide the listing inspection report to buyers along with documentation (warranties on the work receipts) that the repairs have been made. This generates enormous good faith between buyers and sellers and increases the likelihood of a quick and amicable sale. The bottom line is by eliminating the issues that buyers may want to negotiate with results in a win-win for both buyers and sellers.

On the other hand, if your home is not in stellar shape, the benefits to having your property pre-inspected is that the problems can be taken into consideration when pricing the property or during original listing negotiations with a prospective buyer.

This can minimize, if not eliminate, re-negotiations which often fuel emotions and turn off buyers. Historically, buyers will want to negotiate two dollars for every dollar of reported deficiencies. Just think of having to drop your listing price by the amounts equal to twice as much as the cost of all the repairs needed in your home! It can really add up.

By having a professional property inspection document the repairs needed in your property, you can take control of the situation. You can present the inspection report to your buyers and let them know that all these repairs needed are reflected in the listing price. The buyer then has the opportunity to decide whether they would like to move forward and accept the offer.

Sellers typically bare the majority of the liability when it comes to real estate disclosures. It is important to express that properties, whether they are homes, condos, town homes or commercial, are much to complex to assess visually – especially by non-experts. The fractional cost of a property inspection will pay ten fold in peace of mind and security from future litigation. You would not buy a property without getting an inspection; do not list one without getting one either. For more information on property inspections visit:
www.AGPIC.com – and click “educate”.

Wednesday, May 7, 2008

Court Confirmation Procedures

When court confirmation is either chose or required, certain procedures are generally followed, as required by law and/or custom:

o An offer is presented and conditionally “accepted” by the estate representative. This purchase agreement is not binding on the estate.


o After all buyer contingencies are removed from the accepted offer, a petition for the court hearing depends upon the court calendar at the time, but is generally 20 – 6- days from the date of the petition.

o The buyer needs to deposit 10% of the purchase price prior to or on the sate of the court confirmation hearing.

o The sale together with the accepted offering price, is advertised for a statutory period (three times) in a local newspaper.

o There is open competitive bidding at the court hearing, The minimum first overbid shall be an amount equal the accepted purchase price of the accepted offer, plus five percent of that amount, plus $500. In the even of such an overbid, the court shall determine any further incremental overbidding amounts – for example, $1000 or $2000. The bidding stops with the final bid.

o Any person who bids in court must make an unconditional offer (i.e., obtaining financing and approving inspections should not be a condition of the offer) and if confirmed must present a cashier’s check deposit for 10% of the purchase price as described above, or as determined by the court.

o In the event a buyer defaults after a court confirmed sale, the buyer may lose his/her deposit

o If the court confirms the sale to an over bidder rather than the original buyer, the original buyer’s deposit shall be refunded. If the sale is confirmed to the original buyer, the deposit shall apply to the purchase price. (Deposit could be tied up for up to 90 days).

o The purchase price accepted must be at least 90% of the probate’s referee’s appraised of re-appraised value of the property.

o Real Estate commissions are subject to the approval of the court.