The Real Estate Buyer's Guide To The Home Buying Process - Part Two

To use or not use a Buyer's Agent, finding the right home for you and preparing and negotiating an offer in your best interest. Part two of a three part series. (If you missed Part One, click here )

So now that you've finished digging through boxes to find all the necessary paperwork the lender required, finished filling out the long application, looked over all the Good Faith Estimate and finally secured financing, what is the next step?

If you haven't already decided to utilize your own Buyer's Agent, now is the definitely the time to decide. 

• What are the duties and responsibilities of a Buyer's Agent
• Why should you have your own Buyer's Agent?
• What are the laws regarding agency and how do they effect you as a buyer? 
• What happens if you don't use your own Buyer's Agent? 
• Do I need a Buyer's Agent when buying a new construction home?

You'll be able to check out the answers to these and other questions in a "white papers" post coming in the near future. In the mean time, feel free to check out my previous post regarding whether you need your own Buyer's Agent or not when purchasing a new construction home. For the sake of this discussion, we're going to assume that you're using your own Buyer's Agent.

Though inventory levels have dropped drastically over the last 18 months, there are still hundreds of homes on the market to choose from and builders are constantly making changes to their new home communities including incentives, available lots, etc. To go through all of them would waste hours and hours of your time, energy and gas money and drive you crazy. The MLS, local agent's web sites, Realtor.com, Homesdatabase.com, Zillow, Trulia  and other sites in general and are not very good at painting a true picture of a property nor the neighborhood. You may think you like a property, but it may be much different in person and you may not like it after all. On the flip side, you may think that you don't like a property only to find out you really do once you've seen it in person.

That's where an experienced and knowledgable Buyer's Agent comes in. Part of what your Agent does is to sift through all the properties on the market including new construction lots, homes and communities and find the top 10 that best fit your criteria and are of the best value. They accomplish this by constantly previewing the market inventory and knowing the area that you are looking to move into. While previewing the market, they will know with much more certainty what properties fit your needs because they've seen the homes first hand.

But, in order for your Agent to know which properties best fit your criteria, you need to provide your Agent with the most accurate and complete information possible regarding what you are (and are not) looking for in a property. The best way to do this is to compile a list of "Must Haves", "Would Be Really Nice To Haves" and "Nice, But Just An Added Bonus" and provide that to your Agent.

Start with the "Must Haves", the things that are certain deal-breakers if the property does not have them. List the 5 or so things you must have in a property. For example:

1. one car garage
2. four bedrooms upstairs
3. walk-out basement
4. not a corner lot
5. certain subdivision and/or school district

Then move on to the "Would Be Really Nice To Have", the things that are not necessarily deal breakers, but you would really like to have. List the 5 or so things that you would really like to have in a property. For example:

1. center island in the kitchen
2. kitchen flowing into the family room so that you can watch your kids while you're preparing dinner
3. first floor study because you work from home a lot
4. large walk-in closets for all the outfits and shoes
5. fenced backyard for the kids and/or dogs

The move on to the "Nice, But Just An Added Bonus". The best way to explain this one is that you wouldn't mind if the property did not have these things if the price reflected it so that you could put them in later and still have the property be of great value.

1. upgraded light fixtures
2. deck already present
3. neutral paint throughout
4. finished bathroom in the basement versus a rough-in
5. finished basement versus unfinished basement

If you're having a hard time figuring out which category to put each criteria in, rate each of your criteria on a scale of 1 to 10, 10 being the most important. You'll more easily determine which category each criteria falls in once you've done that.

Once you've compiled the lists, give them to your Agent and go over them in detail. Explain each category in detail so that they fully understand what you mean and your personal taste. The better your Agent understands what your looking for and need, the more efficient and effective they will be in narrowing down the playing field to the properties best suited for you.

Your agent should then provide you with a a list of the top 5 to 10 properties for your review. Set a time to preview these properties in person and with your Agent. Your Agent will take care of efficiently routing and arranging the showing times for you. Please keep in mind that usual showing times are 9:00AM to 6:00PM. Some are available to be previewed a little earlier and a little later in the day, but that's the exception. And make sure that you see the home while the sun is still up in order to clearly see the property and to see how much daylight is present inside the property without the lights on.

Important note: It's strongly suggested that you do not preview more than 5 to 7 homes in one day. If you do, they will all start to blend together and you will forget the differences between them. One of the only exceptions to this is if you are relocating to the area and will only be in town for a day or two and need to see all 10 properties in the limited time you are in the area.

The typical buyer takes about 20 to 30 minutes to preview one property. If you are previewing 7 properties that are all within a short distance of each other, give yourself about 3.5 to 4 hours, including travel time. Make sure that you have something to drink with you and that you've eaten something recently or have a snack in your pocket/purse.

If you know you will need more than 30 minutes per property, let your agent know so that they arrange the showing times with the Listing Agent and/or sellers accordingly. Most buyers are uncomfortable with the sellers being home so help alleviate that situation by letting your Agent know that you will need more than 30 minutes to preview each property. There's nothing worst than showing up later than expected to find the sellers at home and trying to be sales people and give you a "tour of the property".

Now, if you're looking at 6K to 8K+ square foot homes, that's a different story. The average time for buyers in that category is 45 to 90 minutes and your Agent should already know that.

Make sure you bring the following things with you while previewing the properties:

• a comfortable pair of shoes that you will easily be able to take off and put back on (you'll be walking through homes a bit and many sellers wish for people to take their shoes off)
• a note pad and pen/pencil to take notes of the properties as you're going through them
• a camera to take pictures of properties so that you can remember them later (the pictures online and in the brochures are not always accurate or of high quality)
• if you have a significant other that will be helping you make the decision, make sure that they are present.

Once you've seen all the properties, you will probably know which one is the most appealing to you. If you're waivering between a few, go back to your lists (see above) and rate each one of them on a point system to see which one is at the top of the list. Some people know the second they see a property whether they want to place an offer on it while others like to sleep on it. Whatever works for you is what you should do.

But keep in mind that you are not the only one that may know that these are the best valued properties in that price range and that there may be other interested buyers looking to place on offer on the same property. This is not meant as a sales pitch to get you to rush in and buy something. It is simply a disclaimer so that you don't yell at your Agent (or me) for not warning you beforehand. I've had competing-offer situations many times even in this market because I'm always looking for the best value and typically not the only one doing so.

After deciding that you want to move forward with presenting an offer on a property, you'll need to figure out what strategy to take with this particular seller. A great Buyer's Agent will have great negotiating skills and know what to look for in order to negotiate in your best interest. But here's the "Catch 22"...if you've already found the best/under valued properties to begin with, their may not be much room to negotiate on the price so keep that in mind.

But price is not the only thing that you should consider. That's where the terms and contingencies come in. Here's a list of some commonly seen terms and contingencies that you may consider:

1. Do you wish to have a Home Inspection?
2. Do you wish to have a Radon Inspection?
3. What is your preferred settlement date?
4. Do you wish for the seller or you to pay for a Home Warranty Policy?
5. Do you wish to have a copy of the seller's Owner's Title Insurance Policy in order to save money on your Owner's Title Insurance Policy?
6. Do you need a pre or post-settlement occupancy agreement for you or the sellers?
7. Do you wish for your closing costs to be paid for by the seller in the form of a seller concession?
8. Do you wish for the seller or you to pay for the termite inspection?
9. What amount will your Earnest Money Deposit be?
10. What personal property and fixtures do you wish to convey with the property?
11. Do you wish to have an appraisal contingency?
12. Do you wish to have a financing contingency? 
13. Are there any other terms or contingencies you wish to have a part of the offer (Sale Of Home Contingency, Coinciding Settlements, etc)?

These are all contingencies and terms that will effect the amount of leverage you have while negotiating. As a general rule, the more contingencies you have and the impact of the particular contingencies on the seller, the less leverage you have when negotiating on the price. You and your Agent should also go over the comps when deciding on a price to offer. "Comps"  are comparable/similar homes in the same and possibly neighboring community that have sold as well as gone under contract within the last 3 months along with comparable active properties. You should also review the latest market conditions in detail.

Once you have agreed on the offering price and terms, your Agent will prepare the offer, review it with you and have you sign and initial where applicable. Your Agent will need to have the Earnest Money Deposit check and lender letter in hand in order to make a copy of them and submit them with the offer. This is to strengthen your leverage as a buyer and necessary in today's market.

And in case you're wondering, the new Regional Sales Contract is 10 pages; the Virginia Jurisdictional Addendum is 5 pages; the Disclaimer is 2; the Contingencies and Clauses addendum is either 2 or 3 pages depending on which ones apply; the Buyer's Agency Agreement is 3 and the Disclosure Of Brokerage Relationship is 1 (if you haven't already signed them) and it typically takes 45 to 90 minutes to go over all the paperwork. It's not as bad as you think, either.

Once you've got the offer finalized, your Agent will either hand-deliver, fax or email the offer to the Listing Agent or seller (if FSBO). They should call the agent before delivering it as a professional courtesy and what we call "Registering An Offer" in Agent lingo. This makes it so the Listing Agent can contact the sellers and make themselves as well as the sellers available to review your offer. The typical response time is within 24 hours though it may be longer if the sellers are out of town, had an emergecny, etc. But the Listing Agent will usually make your Agent and you aware of that ahead of time.

So now the nail biting and possible sleepless night begins. You'll probably be thinking to yourself:

      "What will the sellers response/reaction be?"

                                            "Will they accept, counter or reject my offer?"

                                                         "What if they counter or reject - I really like the house!"

It's not fun, but every buyer goes through it. But keep in mind...Sellers usually want to sell their home as much as you want to buy it so they will want to get a response back to you as much as you want a response back.

The sellers have the option to accept, reject or make a counter-offer. If the reject it, you have to evaluate why and if it's worth presenting an offer higher in price and/or with better terms. That's something you have to decide along with a discussion with your Agent.

If they make a counter-offer, that's better than a rejection! And they've already shown you that they are willing to negotiate. You have the option of accepting their counter-offer, rejecting it or making a counter-offer of your own. Typically, you end up meeting somewhere in the middle and everyone is happy. But once again, thats something you have to decide along with a discussion with your Agent.

Hopefully, you'll have your offer accepted in its entirety. There may be some slight clerical or administrative changes, but they've accepted the price and terms. It's been delivered to both parties and is now a Ratified Contract - congratulations!

So now what? What do you next? How does the Home Inspection work and when is it? Who notifies the appraiser to get the appraisal complete? What about the title search and survey? What about packing and hiring movers? What is settlement like? What all do you have to do before settlement date/moving in?

Click here to request a free copy of the Real Estate Buyer's Guide To The Home Buying Process to be sent directly to you via email.

Additional Resources:

• Official Loudoun County Web Site
• Loudoun County Public Schools
• Official Fairfax County Web Site
• Fairfax County Public Schools
• Loudoun County Real Estate Market Update-March 2007
• The Ashburn Community Blog