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Piedmont Real Estate Blog

Blog by Julie Emery
Amissville, Virginia

An ongoing dialog on real estate news, opinion and trends in Northern Virginia and the greater Piedmont area.

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Piedmont Real Estate Blog

FHA Mortgages

Apr. 2, 2008
Categorized in: Mortgages

We're seeing a few more FHA mortgages this year. They had fallen out of favor during the boom years. And, for buyers it's a great thing that they're back.

The benefits to buyers are a reduced requirement for down payment (3%), lower loan costs, easier qualification and, some additional home inspection protection.

There are some down sides if you're a seller, however.

The big one is the FHA appraisal. This is not your standard appraisal where the appraiser is looking at the market value of the home. It is that; but it is also another home inspection. A transaction can sail right through the home inspection contingency with no issues. Then the FHA appraiser looks at the house and decide that there's a problem that MUST BE FIXED before settlement can occur.

Unlike with the normal home inspection, this is not a negotiation. If the seller finds himeself unwilling or unable to complete these repairs, the deal is usually dead.

The home inspector may have thought the roof was in perfectly good condition. The FHA appraiser can decide that the roof needs to be replaced.

If you're the buyer, this can be terrific. The FHA is trying to prevent you from having to buy a new roof shortly after you've bought a home.

If you're the seller, you may not be as thrilled.

The other, much smaller issue, is that there are some fees associated with a settlement that the FHA will not allow a buyer to pay. Typically these are small amounts and I've never seen this jeapordize a transaction.

You can see why, when houses sold like hot cakes, it was hard for anyone to buy a home with an FHA mortgage. If there are several offers, I'd likely advise my seller client to choose the non-FHA offer.

Still, in this market, if the only offer you've got is one with an FHA mortgage, I'd say grab it and keep your fingers crossed!

Cash Leverage

Mar. 21, 2008
Categorized in: Buyers

In the comments on a recent blog someone asked why someone who pays cash has more negotiating leverage. I answered briefly in response, but thought it made sense to cover it in more detail in a blog post.

There are several reasons you're in a stronger negotiating position if you're buying with cash.

First of all, many deals never make it to closing. Even when there's a ratified contract, that's no guarantee that the deal settles. And, over 95% of the time, deals that fall apart do so because of issues related to the buyer's financing.

If you can remove that concern for the sellers, they are likely to take a lower offer, trading price for the certainty of a closed sale.

Another factor is time. Typically right now it's about 30 days in most cases from ratified contract to settlement. The majority of that time is spent on items required by the lender. Some of those things include getting a survey, having the property appraised, verifying credit and employment for the buyers and sending the deal through underwriting. It's possible, these days, for most lenders to close much faster, say in two weeks. But in most cases if they buyers are getting a mortgage the settlement date is probably about 30 days out.

With cash, on the other hand, settlement can happen as quickly as the buyer wants. I've seen cash settlements in less than 48 hours. Mind you, I wouldn't recommend that. I think the buyer should still do a title search and a home inspection at the very least. But it does happen.

Most sellers prefer money in their pocket sooner rather than later!

And, lastly, along with buyers getting a mortgage come several related contingencies. Contracts that involve a lender typically include a contingency to make sure that the buyer can actually qualify for a mortgage. (Certainly not a sure thing these days!) There's an appraisal contingency. If the property doesn't appraise for at least the sales price, the deal may be dead. And, depending on the type of financing, there may be other contingencies and/or conditions that make a timely settlement more uncertain.

All in all, if I'm selling, I'll give a little on the price to get a cash buyer!

As Is Properties

Nov. 1, 2006

The new regional sales contract has substantially changed contract language regarding properties that are sold "as is" and I think it's worth spending some time talking about how these changes affect both buyers and sellers.

First of all, properties are sold in "as is" condition, when the owners are not willing to spend any money to improve or repair the property. This could be because they are selling in a tough market and are already in danger of not even breaking even on the sale. It could be that it requires so much work that it's only feasible to sell as a fixxer upper. Or in these days when we all lead such busy lives, it could be that there's just no time available to do the repairs that most of us would do to get a house ready to sell.

The new sales contract is much more specific and detailed in regards to these properties. First of all, the sellers can define which parts of the property are in "as is" condition. So, if the dishwasher isn't working and you're not going to repair or replace it, but everything else is fine, you can indicate that the dishwasher conveys "as is". You can decide that the entire property is "as is" which would mean that any contract could not be contingent on a home inspection. There could be an inspection done for information purposes but that information could not be used to get out of the contract.

The new language that's really changed things here, though indicates that if the property is sold "as is" all references to property condition are struck in the contract. And, if there are repairs that are mandated by the lender, those repairs are the responsibility of the buyer.

It's probably easiest to explain the effects of this by talking about a potential scenario. Let's say you have a contract on a property that's being sold "as is". Your lender requires a termite inspection, and, by the way, most do. The inspection shows extensive termite damage. The lender requires that this be repaired prior to settlement. The bill for this is $10,000.

You now have a dilemna. You have to come up with the $10,000 to pay for the termite repairs/treatment or walk away from this house. But if you walk away, you're doing so without grounds per the contract and you stand a very good chance of losing your earnest money deposit.

You can see how this could easily get complicated and expensive! My first advice is be sure you understand what you're getting into with "as is" properties. And, if you go in with your eyes wide open, I'd suggest trying to minimize your exposure with a small earnest money deposit. Obviously that requires the cooperation of the seller and if I'm the seller that's not in my best interests! But, at least you're now forewarned!