Terminology

What Does Pending Sale Mean?

December 25, 2024 by Angela Aull Leave a Comment

Buying a home is a process. Once a buyer writes an offer and has it accepted, the listing is placed in a state called “pending sale.” During this stage, the principals involved perform all the elements of the contract, and once complete, the title is transferred to the new owner.

Sounds simple, but this stage can become incredibly stressful if the contract milestones are not met on time, or if problems are uncovered. Typically, a home sale outlines the term for escrow of 30-60 days. During this time, inspections are completed and reviewed, the appraisal is ordered, and final loan approval is obtained. If there are no delays, the escrow will close on time and the buyer gets the keys to their new home.

Unfortunately, there are often delays in this process, which can cause the sale to drag on. Some common hiccups include negotiated repairs, financing or credit issues, appraisal problems, missing paperwork, and title issues.

At times, delays become excessive and either buyer or seller may be ready to move on. All contracts have milestones and benchmarks which outline by what date each step in the process must be completed. When these dates are passed, then the other party can make a demand to perform or close escrow. Working with an experienced real estate agent can help ensure you are protected from unnecessary delays during the pending sale.

Risks of Removing Buyer’s Contingencies

December 13, 2024 by Angela Aull Leave a Comment

Typical real estate offers include a wide variety of standard contingencies. These can include home inspections, appraisal, and loan approval. In a fast-moving, seller’s market, one of the ways to make an offer more appealing is to remove contingencies.

Real estate contingencies are intended to protect the buyer from unforeseen issues. Once these contingencies are removed, the buyer typically has no recourse from these issues. The most important contingencies include:
• Home Inspections – including mold, well/septic, structural, geological
• Lending Approvals – including appraisal, title, loan rate and terms, final loan approval
• Property Condition – this relates to the final walk-through, ensuring the property has been maintained during the escrow period

Any, or all of these items can create problems during, and even after, the closing period. Without the contingencies in place, the buyer is obligated to conclude the sale and any financial costs incurred by the seller for not doing so, including the forfeiture of their deposit.

Regardless of what’s happening in your local market, ensure you thoroughly review all contingencies or the waiver of them with your agent prior to making an offer.

What is a Title Search?

December 11, 2024 by Angela Aull Leave a Comment

It may seem like there are a million steps to the closing process when buying or selling a home. A title search is just one of the many stages and title problems may account for almost 10% of closing delays. As a seller, doing a preliminary title search can help avoid costly delays at the end. So, what is a title search and what does it disclose?

In the simplest form, a title search identifies who owns the property. This may obvious, but surprisingly, sometimes the party selling the home may not actually have the legal right to do so, at least on paper. For example, in the case of a married couple, the property might be in only one spouse’s name. Another example would be a property held in trust or probate; it could take some paperwork to correct title to allow a sale.

A title search also uncovers any existing liens on the property. This would include any current mortgages and may find old debt or unreleased loans. Items which must be paid off or removed prior to sale. Finally, a title search will list any deed restrictions, such as easements or property restrictions.

If the title search does find any issues, the seller will need to remove them before the closing can occur. Once the sale is closed, title insurance ensures the new owner against any title issues that were not discovered during the search.

No one wants unexpected delays during closing. A seller can help mitigate title issues by running a preliminary title search at the time of listing. This gives them plenty of time to address any outstanding title issues before it costs buyer and seller valuable time in delays.

Understanding the Back-Up Offer

November 17, 2024 by Angela Aull Leave a Comment

“When can I consider my home sold? This is one of the most common questions real estate agents are asked. While the laws vary in different states, generally the contract is binding once both parties sign the offer. At that time the closing process begins. This is also the time when sellers must stop considering other offers, but they can accept back-up offers.

What is a back-up offer? This is when the seller accepts an offer contingent upon the first one falling through. There are many reasons why the home purchase might not close—the buyer may fail to secure the loan, the home inspection may find issues the two parties can’t resolve, it could even be that the Homeowner’s Association has rules that the buyer is unprepared to accept. Whatever the reason, real estate agents know that the deal isn’t done until it closes.

A back-up offer should be carefully executed. Both buyer and seller must be able to pursue other options. Unless the buyer is willing to wait without seeking an alternative property, the back-up offer should be written to allow for the possibility that they find an alternative home in the meantime. The seller, on the other hand, must make clear they are currently obligated to another buyer and will consider the back-up offer only if the current one cancels.

Back-up offers can be a great tool in a fast-moving real estate market. Writing the offer virtually guarantees the listing agent will notify you if the home becomes available again. This gives the buyer an advantage in a seller’s market, increasing the opportunity to capitalize on a home that fell out of contract.