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What's Earnest Money?
How much should I set aside?

Earnest money is money put down to demonstrate your seriousness about buying a home. It must be substantial enough to demonstrate good faith and is usually between 1-5% of the purchase price (though the amount can vary with local customs and conditions). If your offer is accepted, the earnest money becomes part of your down payment or closing costs. If the offer is rejected, your money is returned to you. If you back out of a deal, you may forfeit the entire amount.

The larger the deposit, the greater the chances that the seller will accept the offer and that the buyer will not try to cancel the purchase.

Often, the initial deposit is small, to be increased upon removal of the inspection contingencies. But a large deposit check, to be held in a trust account beyond the seller's grasp, often convinces the seller to accept a low offer.

How much down payment do I need?

Ideally, you will want to come up with at least 20% of the value of your new home as a down payment, to avoid things like mortgage insurance (money paid to insure the mortgage when the down payment is less than 20 percent) payments. But, you may qualify for plenty of financing arrangements that will get you into a new home for as little as 3% of the asking price.

Home Buyers Offer

There are a lot of purchase contracts available. Each state has its own laws, here's the basic information:

  • Complete legal description of the property
  • Amount of earnest money
  • Down payment and financing details
  • Proposed move-in date
  • Price you are offering
  • Proposed closing date
  • Length of time the offer is valid
  • Details of the deal

Even if your state doesn't require an attorney, you may want to hire a lawyer to help with the complex paperwork and legal contracts. A lawyer can review contracts, make you aware of special considerations, and assist you with the closing process.

Find out what services are provided for what fee, and whether the attorney is experienced at representing homebuyers. 

To prepare to make an offer, have your attorney to give you a sample copy of the purchase contract. Read it over, and if there's anything you don't understand, ask for an explanation.                                        

  1. You’ll probably want to make your offer contingent upon obtaining suitable financing.
     
  2. You may ask the seller to pay some or all of the closing costs or provide a warranty.
     
  3. What other conditions must be met for the deal to go through (in other words, contingencies). For instance, you'll probably want to make your offer contingent upon obtaining suitable financing.
     
  4. A response time, settlement time, and occupancy time. For example, you may give the seller two days to respond to your offer. You might also ask for 60 days to secure financing and require the seller to be out completely of the house on the day of the closing.
     
  5. What else is included with the house, such as appliances, window treatments, (remember, you can ask for anything that you want, and everything is negotiable).
     
  6. The required condition of the house at settlement. For example, you may want to request that certain repairs be made.
     
  7. Other provisions, such as the pro-ration of taxes, homeowners' association and     club fees, and on and on.

        Some common contingencies include:

·      Financing. If you can't get suitable financing for the home, you'll need to be able to withdraw from the deal. Be sure to specify exactly what type of financing (including terms) is acceptable to you.

·      Clear deed and title. Include a clause that ensures you get a clear deed and title to the house. The lender will require a title search. Who pays for this search and what happens if problems are uncovered should be clearly stated in the contract.

·      Home inspection. You may want to make the sale conditional on a professional inspection of the home. Specify who pays for the inspection and what happens if problems are found. For example, just having the sale contingent upon an inspection being performed doesn't guarantee that the seller has to fix the faulty plumbing that's uncovered. Will you ask that some or all items be corrected by the seller? Work out these terms beforehand. Additionally, you may want to have the house inspected for termites, radon, lead paint, asbestos, or other hazards (your lender may require some of these tests before as a condition of the loan).

·      The appraisal. Your lender will undoubtedly require an appraisal of the property before the loan is approved. You could make your offer contingent upon the appraisal, and you may want to spell out what should be done if the appraisal comes back lower than the selling price, such as renegotiating the price or withdrawing from the deal, for example.

·      Other contingencies. You might make the transaction dependent other contingencies, such as the sale of your current home. There's any number of contingencies that you can use, but it's not wise to make them frivolous in nature.   

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