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Monday, February 25, 2008

What Is Involved In Making An Offer On A Home?

An offer to purchase is a written document submitted by a prospective home buyer to the seller of a residential property. This legal document is executed once an individual is bent on purchasing the home he or she would like to live in or would like to have as an investment. But the process only begins there as negotiations between the seller and the buyer will still be involved to make sure that every detail is to their liking.

When a homebuyer has set his or her eyes on a certain property, he or she may work with a real estate agent and fill up a purchase offer form or make one themselves that will be based according to their terms and conditions. If a buyer doesn’t want to get an agent, he or she should consult with a real estate lawyer on this matter.

In the U.S., real estate laws vary from state to state hence, it is advisable that a buyer check out the standard form in his state. Learning about this legal form beforehand is the right thing to do as it will help one understand the items that need to be specified in the document. See "Selling a Home in Your State"

In writing a purchase offer, one of the important things a buyer needs to include are the fixtures that he or she wants to stay or get rid of in his future home. Specifically, the fixtures here refer to the things that are attached permanently to a residential property such as kitchen cabinets as well as heating and cooling systems. A house listed with a multiple listing agency would usually state what items the seller wants to sell with his or her house. If there are decorative items that a potential buyer would like to stay, then it should be noted in the offer. Other items that might be included are the outdoor storage buildings, windows, light fixtures and garage door openers.

A purchase offer must be based on the property’s present condition and the items that a buyer expects to be included or rid of. After a seller reviews the offer to purchase, the negotiation between the two parties starts.

Of course, a seller may not totally agree with the buyer’s terms and conditions upon receiving the first offer. He or she may just cross out some of the items not amenable to his terms and should put his initial on the changes. Otherwise, if a seller disagrees with the whole offer, he or she may propose a counter offer.

Apart from the fixtures, other items in the offer that may involve some haggling are the purchase price, the party responsible for paying the closing costs, the closing date and delivery of title and the date the seller needs to move out from the property.

Several counter offers can be exchanged during negotiations but the final contract can only be reached once both parties agree to the modifications in the offer and put them in writing. When the document is signed by the seller and the buyer, the purchase offer becomes legal.

Offer to Purchase Real Estate Form
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The Lease with Option to Purchase When To Use It

By: Gloria Smith

Not all homeowners who sell their residential property are always successful in disposing of their homes. Some may be lucky to sell their homes in just a very short period while the properties of others stay for quite some time on the market.

But those who can’t sell their homes right away should take heart as there’s an ideal alternative for them and that is to lease with an option to purchase. Offering this type of option has been proven an effective method of attracting buyers in a slow market. There are actually other advantages.

With this option, home sellers are relieved from paying a mortgage or real property taxes on a vacant property. They still earn from the monthly rental fees and get top dollar if the renter later decides to buy the property. This ensures that a home seller will not only have a tenant but a potential buyer who will most likely pay on time. Also, the homeowner is assured that the renter and eventual buyer will take care of the property as if it is already theirs.

This can be a good option for buyers with tarnished credit score as they can have time to fix it during the lease period. Also, in this situation, buyers are not forced to commit to buying the house after the lease period expires and can just leave if they feel the home is not right for them.

However, for buyers bent on keeping the house for good in the future, this may be the right solution. At least during the lease option period, no other individual can purchase the property.

A fixed purchase price may be negotiated by the seller and the buyer within or a little higher than the property’s market value while a predetermined rental fee will also be set by the seller. A lease purchase agreement normally takes from a year to three years.

Additionally, sellers benefit from a premium on top of the monthly rent on their home and an option fee of a maximum of five percent. If the home is bought once the lease expires, these two fees will be credited to the buyer’s down payment. If not, the seller retains the money.

Another advantage of this method is that both the seller and the renter/buyer gain from this situation financially. While the owner earns from the monthly rent, the renter/buyer is also given the opportunity to own the home of his or her dreams without putting pressure on his pocket. In this way, a seller helps a tenant attain his dream of owning a home he or she could be proud of.

For homeowners who wish to try this strategy, it is highly recommended that they hire a real estate lawyer experienced on this matter to come up with a legal lease purchase agreement and explain the seller’s rights. It should be understood that risks are always involved in any real estate transaction hence, sellers must ensure that they verify the credit and rental payment history of any potential buyer choosing this lease purchase option.

Lease with Option to Purchase Sample
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