ARAG Guidebook Buying A Home
ARAG Guidebook Buying A Home
ARAG Guidebook Buying A Home
Guide to
Buying a Home
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Table of Contents
Buying a home is one of the most rewarding — and expensive — decisions any
of us will make. Before you put out the welcome mat declaring “Home Sweet
Home,” you’ll want to ensure that your home and your home loan, are sound
both legally and financially.
This guidebook covers the basic process for understanding how much you
can afford, shopping for a mortgage, making an offer and closing on a home
purchase. You can save time and minimize hassle if you understand the basics of
the process, including the terminology, background and legal consequences.
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Step 1: Know
What You Are you ready to own a home?
One of the first things you’ll need to do is decide how much
Determine how much house you can afford with an
Can Afford home you can afford. Take an honest look at your current
income and expenses so you understand how much you can
online calculator such as:
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Step 2:
Shop for a Shopping for a mortgage loan is important because different lenders will have
different offers on loan terms, interest rates and fees. Talk with several lenders
Mortgage before you start to look for a house so you can get the best deal available. t
Choose a lender who is willing to explain the pre-approval, approval and closing
processes clearly. Be sure that your lender explains all fees, up-front costs,
taxes, insurance and other costs of owning a home.
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How do I know what type of mortgage is right for me?
The type of loan you qualify for will determine your monthly payment amounts, the length of the loan and other Interest on your loan
terms of the mortgage. The total amount of interest a buyer will pay the
lender on their loan depends on the interest rate
and how it will be applied for the duration of the
• A conventional loan is a type of mortgage loan that is customarily made by a bank, savings and
loan.
loan association or other financial institution that is without governmental underwriting (such
as the Federal Housing Administration (FHA) insurance or a Department of Veterans Affairs Fixed rate loans are mortgages with an interest
•
(VA) guarantee.) Here the lender looks at your debt to income ratio, credit history and credit rate that will not change over the life of the loan.
score to determine the terms of the loan. Conventional loans can be adjustable rate mortgage The interest rate is fixed in advance to a set rate,
(ARM) or fixed rate loans. usually in increments of 1/4 or 1/8 percent.
• A
purchase money loan is commonly known as a seller-financed loan where the buyer makes
payments directly to the seller until the loan balance is satisfied. This type of loan is risky for
a seller because the seller may not recover the balance from the buyer and runs the risk of
foreclosure. The loan is equally risky for the buyer because the seller holds the title to the
property and can potentially sell the property to another person without the knowledge of
the buyer.
Construction loans are usually short-term, variable-rate loans priced at a spread to the prime
•
rate or some other short-term interest rate. The contractor/builder and the lender establish a
draw schedule based on stages of construction and interest is charged on the amount of money
disbursed to date. Many homeowners use construction-to-permanent financing programs
where the construction loan is converted to a mortgage loan after the certificate of occupancy
is issued. The advantage is that you only need one application and one closing.
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Pre-qualify for a mortgage
Generally you must establish a few things in order to qualify for a mortgage loan; for example, Federal income tax deductions and credits for
adequate income to support the continuing loan obligations and credit worthiness to demonstrate home buyers
persistence in meeting credit obligations. The mortgage loan origination fee (a fee charged by the
lender to process the loan) is deductible if it was used to
• T
he lender will consider your income to determine the amount of loan. Lenders look at your debt
obtain the mortgage and not to pay other closing costs.
to income ratio to determine the amount of loan you will qualify for. In other words, the balances
The Internal Revenue Service (IRS) specifically states that
on your credit and other loans will reduce the amount of the mortgage loan you will qualify for.
if the fee is for items that would normally be itemized on a
Your credit score determines the amount of interest and type of loan you can qualify for.
settlement statement, such as notary fees, preparation costs,
• T
he down payment is equally important. This is the amount of money you have to reduce the appraisal fees and inspection fees, it is not deductible.
amount you need to borrow or increase the value of the house you can purchase. Some of your
down payment can be applied to your loan to decrease your loan interest; this is called buying Energy related credits
down points. Homeowners who install solar,
geothermal or wind systems to
Pre-approval letters generate electricity, or in some
Before you put an offer on a home, a seller will generally want to see a pre-approval letter. This letter cases heat water, are eligible for a
tells the seller and their agent how much of a loan you qualify for, excluding the amount you have tax credit worth 30 percent of the
available for a down payment or have to bring to the closing table. Most realtors like to see a pre- cost of the system, with no upper
approval letter before they will agree to represent a buyer and begin showing them homes. dollar limit. This credit is due to
expire in 2016.
Based on your income, expenses, and credit, a lender will provide you with pre-approval letter for the
loan amount and type of loan that they are willing to lend to you based on those factors. Mortgage interest
All interest paid and reported to
you at the end of the tax year is
deductible, unless your loan is more
Where can I get pre-approved for a mortgage loan? than $1 million ($500,000 filing
• Y
our current bank or credit union. They typically have in-house loan officers and separately).
underwriters who review all of the information and decide if you qualify.
• A
mortgage lending company that specializes in residential home sales. They can Mortgage points
look for a wide variety of loan products and lenders that best suit your needs. You can deduct points in the year
you paid them if the loan is to
purchase or build your main home.
Points on a refinanced loan must be
deducted over the life of the loan.
Property taxes
You can deduct the real estate
taxes imposed on your property.
You must have paid them either at
settlement, closing or to a taxing
authority (either directly or through
an escrow account) during the year
in order to deduct them.
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Step 3: Find
a Home Determine if you want to manage the purchase by yourself or hire someone to help
you. If you hire someone to help, know that not all realtors are real estate agents.
Hiring an agent also will provide more exposure because most traditional real
estate agents share their property listings in a database called the Multiple Listing
Service. Agents also represent potential buyers they can share your listing with
before it even goes on the market. Some agents advertise their services and listings
which lead to more exposure to potential buyers.
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How an agent is paid
A buyer’s agent usually is paid through the commission fees the seller pays his or her agent. These fees are
split by the seller’s agent and buyer’s agent at closing. Typically, a buyer’s agent will have the buyer sign a
contract, which is an agreement between the buyer and the buyer’s agent. The agreement states whether it is
exclusive or non-exclusive.
• If it is non-exclusive, the buyer can hire • If it is exclusive, the buyer may not hire another
another agent to assist them in purchasing agent to assist them in their purchase. An exclusive
a home. buyer/agent agreement binds that buyer’s agent to
you and you to that buyer’s agent. You cannot buy a
property without owing a commission to that agent.
Dual agency
In some states, agents and brokers are allowed to represent both buyer and seller. This is called dual agency.
The agent is required to disclose this information to you if he or she is representing both you and the seller.
A dual agency could exist even if two different agents who both worked for the same brokerage company
represented you and the seller. This may be the case even if the two agents didn’t work in the same office.
Disclosures
Full disclosure of dual agency to the buyer and
Advantages Disadvantages seller is required in all 50 states. Dual agents
In some limited situations Agents appreciate dual agency because cannot operate in a fiduciary relationship with
the dual agency may not they can get double commission. Too either party and must treat both sellers and buyers
be a problem. The buyer’s often, there may be a conflict of interest equally. They cannot share confidential information
agent may really consider between buyers and sellers. A single and they cannot give confidential advice.
their needs and wants first agent may not be able to truly represent
and show them a wide the best interest of both clients and Single agency agents must use care and due
variety of listings, even often one party’s needs is given priority, diligence to perform duties, disclose all material
those outside their agency. typically that will be the seller because facts and be honest. They cannot share confidential
they are paying the commission. Dual information with the other party or the other
agents tend to show buyers dual party’s agent.
listings.
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Step 4: Make
an Offer Once you find a home you want to buy, you’ll submit an offer to the seller. Typically, the offer is made in a standard form locally used
by real estate agents and attorneys and is submitted by the buyer or the buyer’s agent to the seller or the seller agents for review and
acceptance. If the seller accepts the offer, the contract becomes binding, subject to contingencies.
• E
xpiration date of the offer. This is the Required home inspection. This term
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amount of time the offer will be valid for and would entitle the buyer to have the home
how much time the seller has before the offer professionally inspected for construction
will terminate, which could be hours, days or defects, home systems functionality,
weeks after the offer is submitted. code compliance and general habitability;
the term may also include provisions for
Purchase price. The total price the buyer is
• responding to identified problems.
offering to purchase the property from the
seller.
Contingencies. Events that would void an
•
offer to purchase such as the buyer being
unable to get financing at a certain rate or
• Initial deposit. Also known as earnest
the inspection revealing serious structural
money, this is a good faith deposit held in
problems.
escrow, while the buyer obtains financing.
The seller can either accept or deny the offer or make a counter-offer stating the terms of the offer that need to change or be added to be
acceptable. The buyer can then accept or refuse the counter-offer, or make a counter-offer to the new terms. The offer does not become
a binding contract until both parties agree to the terms and sign the contract.
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Inspection 10 Questions to Ask Your Home Inspector
Before you close, whether required by the contract
or not, you should have the house inspected. A home
1. 7.
inspector examines the physical structure and What does your inspection cover? How long will the inspection take?
systems of a house from the roof to the foundation. Make sure the inspection and inspection The average on-site inspection time for a
Generally, a standard home inspector’s report will report meets all applicable requirements in single inspector is two to three hours for
cover the condition of the following: your state and complies with a well-recognized a typical single-family house; anything
• Heating system standard of practice and code of ethics. significantly less may not be enough time to
perform a thorough inspection. Additional
• Central air conditioning system
inspectors may be brought in for very large
2.
How long have you been a home inspector
• Interior plumbing and electrical systems properties and buildings.
and how many inspections have you
• Roof, attic and visible insulation completed?
8.
How much will it cost?
• Walls, ceilings, floors, windows and doors
Costs vary depending on the region, size
3.
• Foundation, basement and structural components Are you specifically experienced in and age of the house, scope of services
residential inspection? and other factors. A typical range might be
The fee for the home inspection could be small $300-$500, but consider the value of the
in comparison to major repair issues if they are home inspection in terms of the investment
4.
discovered down the line. If you are acquiring an Do you maintain membership in a being made. Cost does not necessarily reflect
FHA or VA loan, an inspection of the property will be professional home inspector association? quality.
required. There are many state and national
9.
associations for home inspectors. Request to
What type of inspection report do you
A buyer should generally request an inspection, even see their membership ID.
provide and how long will it take to receive
if it is not required by the lender. The inspection puts
the report?
5.
the buyer on notice of most major defects in the Do you participate in continuing education
Ask to see samples. Most inspectors provide
property and repairs that buyer otherwise would have programs to keep your expertise up to date?
their full report within 24 hours of the
to undertake after taking possession. A thorough The inspector’s commitment to continuing
inspection.
inspection may cause some buyers to back out of a education is a good measure of his or her
sale, negotiate a lower sales price or ask the seller for professionalism and service to the consumer.
10.
repairs before closing: choices that a buyer without an This is especially important in cases where Will I be able to attend the inspection?
inspection report would not have. the home is much older or includes unique This is a valuable educational opportunity,
elements requiring additional or updated and an inspector’s refusal to allow this
training. should raise a red flag. Never pass up this
opportunity to see your prospective home
through the eyes of an expert.
6.
Do you offer to do repairs or improvements
based on the inspection?
Some inspector associations and state
regulations allow the inspector to perform
repair work on problems uncovered in the
inspection. Other associations and regulations
strictly forbid this as a conflict of interest.
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What if the report reveals the defects?
Several things can occur if the inspector lists some defects in his inspection report.
I f inspection was part of the If you have an FHA loan, the I f the seller had made warranties in the
purchase contract, then the house must pass FHA standards contract, the seller may be willing to negotiate a
contractual responses will be before your final loan will be rebate off the sales price for the repairs or make
triggered. approved and you can purchase the repairs prior to closing. As a buyer, you
the property. should contact some contractors and find out
how much the repairs will cost. If the seller is
unwilling to make repairs prior to closing, then
you may want to cancel the sales contract.
Prior to closing
Other tasks that need to happen before closing include:
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Different Types of Insurance
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Forms of Joint Ownership
Warranties by Deed
Ownership type Ask your real estate agent
A new home warranty is generally provided to a
If the property is owned by more than one person there are various ways or attorney about joint
buyer by a builder and offers warranties on limited
the property can be titled. The way a property is titled determines the ownership laws in your state.
coverage on workmanship and materials relating to
property interests and rights of the co-owners, how the property can be sold/
various components of the home, such as windows,
transferred, and creditor’s rights against the property.
heating, ventilation and air conditioning (HVAC),
plumbing, and electrical systems for specific
periods (typically a year).
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Step 5:
Closing Closing is the final step in the process. During closing, the deed of title is
delivered to the buyer, the title is transferred, financing documents and title Consult an attorney
insurance policies are exchanged, and the agreed-on costs are paid. Some of A real estate attorney plays a different role
the final documents, including the deed and mortgage or deed of trust, are than an agent and in some states you are
signed by the appropriate parties, and then delivered to the county recorder required to hire a real estate attorney to assist
to be recorded. with the closing. The role of the attorney is to:
know?
costs up to a certain percentage • E
nsure you receive a validly recorded
depending on the law and type of ownership subject only to the liabilities you
mortgage involved. have accepted.
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Bonus:
10 Tips to
1.
Before you buy a home, attend a
homeownership education course offered by
2.
Interview several real estate professionals.
Ask for and check references before you
select one to help you buy or sell a home.
3.
Get information about the prices of other
homes in the neighborhood. Don’t be fooled
into paying too much.
4.
Hire a properly qualified and licensed home
inspector to carefully inspect the property
before you are obligated to buy. Determine
whether you or the seller is going to be
responsible for paying for the repairs. If
you have to pay for the repairs, determine
whether or not you can afford to make them.
5.
Shop for a lender and compare costs. Be
suspicious if anyone tries to steer you to just
one lender.
6.
Don’t let anyone persuade you to make a
false statement on your loan application,
such as overstating your income, the source
of your down payment, failing to disclose the
nature and amount of your debts, or even
how long you have been employed.
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7.
Don’t let anyone convince you to borrow more
money than you know you can afford to repay.
8.
Never sign a blank document or a document
containing blanks. If information is inserted by
someone else after you have signed, you may
still be bound to the terms of the contract. Insert
“N/A” (i.e., not applicable) or cross through any
blanks.
9.
Read everything carefully and ask questions.
Do not sign anything that you don’t understand.
Before signing, have your contract and loan
agreement reviewed by an attorney skilled in
real estate law, consult with a trusted real estate
professional or ask for help from a housing
counselor with a HUD-approved agency.
10.
Be honest about your intention to occupy the
house. Stating that you plan to live there when, in
fact, you are not (because you intend to rent the
house to someone else or fix it up and resell it, for
example) violates federal law and is a crime.
This publication is provided as educational material only. While every effort has been made to ensure the
Take Control with ARAG accuracy of this publication, it is not intended as legal advice as individual situations will differ and should
be discussed with an expert and/or lawyer.
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