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You may have recently seen my last post, targeted directly at first-time homebuyers (and others who are unfamiliar with the real estate transaction process). Click this link to check out Step 4, if you haven’t read it yet.
I thought it might be helpful to dedicate this post to a part of the homebuying process which is often misunderstood: The offer. Folks have many misconceptions about how the process works, and I wanted to address and clarify some of them in the interest of making you better-prepared when you sit down to figure out the details of Step 4.
The first thing I want you to understand about this entire situation is that there is a real, live, flesh-and-blood person at the other end of the negotiating table. If your offer insults them before the two of you have even met, the likelihood of your offer getting picked over others is immediately very slim. You are not negotiating with “the Manager,” that faceless “guy behind the curtain” at a car dealership, whose only purpose is to make you think you’re getting a deal while he puts the screws to you. You are trying to make a legitimate trade with a person who may or may not have decades of emotional attachment to his/her home. Obviously, the point of your offer is to pay the least amount for the home, or in many cases, get the maximum amount of help with closing costs (an out-of-pocket expense) that you can — but if the offer isn’t anywhere near being fair, they may not even give you the chance to play ball.
The primary details of an offer are few: the Earnest Money Deposit (or EMD check), the settlement date (your timeline to move in), the home inspection, the amount of money you are willing to pay for the house, and the closing costs. Lets start with the EMD check.
The Earnest Money Deposit is basically an indicator to the seller of how badly you want the house. It is an amount of money that will be submitted with the accepted offer, which sits in a separate account until the end of the transaction, when it will be returned to you. Here’s the catch: If you decide 25 days after your offer is accepted that you simply don’t want the house anymore because you found a better one, you will lose your EMD money to the sellers, who will take it as compensation for you not holding up your end of the bargain. And don’t forget, once settlement day comes around and the contract is wrapped up, you get that money back and can put it toward whatever you want.
So, the size of the EMD amount is very telling of how badly you want the home. A common amount to submit is 1% of the purchase price, but that number is completely up to you. The EMD effectively tells the seller how much money you are willing to lose if you cut and run. An EMD amount of five hundred bucks won’t instill much confidence in your offer to the seller. You would want some “insurance” against a breach of contract too, wouldn’t you?
The other negotiable parts of the offer will come down to one word: Leverage. The next thing you and your agent will do is poke your nose around for things that can be used as leverage to negotiate on the price of the home. If the home is in obvious need of a new roof, but the asking price hasn’t been adjusted for it, you have the leverage you’d need to ask the seller either to fix it or drop the price. If you know the seller is up against a deadline and needs to move as soon as possible (or if the property is vacant), and you can move in tomorrow, you can use the settlement date as leverage to get your offer chosen over others which may be competing with yours for attention. If you are in a buyer’s market and the only way for the seller to convince you to buy his property is for him to cover part or all of your closing costs, you’ll have the leverage to ask for that. Remember, you can ask for anything, but you risk losing further credibility by being too aggressive. You want to be assertive, not bellicose.
There’s also one further thing to consider regarding leverage: The price you agree to when your offer is accepted is not necessarily going to be the price you pay on Settlement Day. Substantial things found during the home inspection, for example, are easily taken back to the seller to ask for subsidies, if they aren’t fixed by closing day. Also, don’t forget that if any of the contingencies aren’t able to be met (for example, “satisfying the Home Inspection Contingency” means that “the home passed the inspection”), the deal is dead, you get your EMD check back, and the entire contract up until then is void unless both parties agree to revive it and continue forth.
That ought to just about cover it. As always, if you have questions, feel free to ask them here, privately at jeff.grana@gmail.com, or over the phone at 630.306.3537. Let me know how I can help, and don’t keep this blog a secret — if you find it to be helpful, pass it on to your friends and family!