Not so fast understanding the real estate pros competing interests in the residential real estate transaction

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Not so fast understanding the real estate pros competing interests in the residential real estate transaction Powered By Docstoc
					Not So Fast! Understanding
   the Real Estate Pro's
   th R l E t t P '
Competing Interests in the
  Residential Real Estate
Real Estate and Finance Attorney David
 Soble reveals how real estate advisers
 often put their interests before their
 clients and how to preserve the integrity
                     p                 g y
 of the transaction.
As if purchasing or refinancing a home
 wasn t            enough,
 wasn't stressful enough the key
 professional players in a real estate
 transaction don't necessarily have their
 client's best interest in mind, according
 to real estate and finance attorney David
 Soble of Proven Resource: contractual
 limitations, professional conflicts of
 interest and lack of proper professional
 guidance are prevalent throughout the
 real estate transaction.
An attorney and real estate broker for
 23years Soble has been involved with
 thousands of residential and commercial
 real estate sales and refinances. He has
 represented multi-billion dollar banks and
 national finance companies as well as
 helping small business owners and
             things purchasers need to
Here are 7 thi
H                      h           dt
 know about the real estate process that
 are not frequently discussed:
1. Home Inspectors. First. never waive
                      inspection. Never
 the right to a home inspection Never.
 Second, purchasers should select their
 own home inspector. Real estate agents
                p                      g
 sell real estate every day, and may have
 a stable of these home pros, and therein
                       f      f
 lies the potential conflict of interest that
 compromises the integrity of the
 inspection in favor of "getting a deal
 done". Third, avoid blurring the
 distinction between an appraisal and an
An appraisal is a professional opinion as
 to the value of the subject property
 That's it. While the appraiser may note
 deficiencies in the property's condition, it
                     p p y               ,
 cannot ever be mistaken for a home

An inspection should consist of a
 thorough examination of a home's
 mechanical and structural condition.
Finally,a home inspector's liability is
 often limited to the cost of the inspection
 itself, and no more. So an inspector who
 fails to note a leaky roof may only be
                     y         y    y
 liable for $300, the average cost of an

Therefore, if a specific item is
 questionable, call on a licensed
 contractor to delve further and give you
 peace of mind
2. Real Estate Agents. It is not surprising
 that many legal issues involved with real
 estate transactions involve the real
 estate agent as they are the center of
         g            y
 the transaction. But understand an
 agent's limitations.
Work with a buyer's agent or seller's real
 estate agent, but not both. Known as a
 "dual      t" the      l t t       ti
 "d l agent", th real estate agent is
 responsible for representing both parties.
There is absolutely no way that a
 professional can represent the competing
 interest of a buyer and seller. Purchasers
 can remove the potential for conflict of
 interest by hiring their own buyer's
Finally, understand that a seller's agent
 has their professional duty to the seller.
 N t the buyer. So tread carefully.
 Not th b        S t      d    f ll
 Purchasers should not disclose
 information to a seller s agent that they
 don't want the seller to know.
3. Lending Officers. Residential lenders
 are required to disclose all of the third
 party vendors, that they intend to use in
 a transaction.
Appraisers and title companies are third
 p y                        pp
 party vendors and loan applicants are not
 legally required to use them. Find a
 licensed appraiser or title company
 before you apply for your mortgage.
 b f             l f             t
Also, get "pre-approved" by a lender
 before going house hunting Purchasers
 should avoid using the real estate agent's
 lender referral unless they are having
                            y           g
 difficulty securing a mortgage on their
Loan officers often rely on referrals from
 agents and they can, and will discuss
       finances and credit with the agent.
 your fi           d    dit ith th        t
4. Insurance Agents. Buying a home
 requires home insurance. After closing on
 the property, keep the insurance agent
 informed of significant changes p
                 g               g planned
 for the home.
               g     y
When making any material structural
 changes that involves wiring or
 plumbing, or any other change that
      i      lli       building permit, d 't
 requires pulling a b ildi          it don't
 skimp, pull the permit.
No matter how handy a homeowner may
 be,              fire
 be if there is a fire, flood or other home
 disaster, the insurance company could
 deny your claim because your
     yy                      y
 improvements were done without a
 permit. This is true even when
 homeowner repairs were not the direct
 cause of a structural problem.
5. Title Agents. It is standard in the real
 estate industry to secure title insurance
 with a home sale or refinance. In a sale,
 the seller customarily pays for an owner's
                        yp y
 policy for the buyer equal to the
 purchase price.
If the buyer financed the purchase, then
 a lender's policy in the amount of the
      t      i   id for b th b
 mortgage is paid f by the buyer.
Review the title policy. Title insurance
 has exceptions and exclusions which is
 based upon what is revealed in the public
 real estate records. A buyer needs to
 know these exceptions as it could impede
 their ability to sell their property in the
Moreover, when a buyer purchases a
 h      b l         k t     l   th
 home below market value, they should h ld
 purchase title insurance equal to the
        value                      price
 home value, not the purchase price.
For example, a buyer who purchases a
 home for $75 000 and valued at
 $100,000, would be exposed to $25000
 in the event of a title claim. No one is
 ever precluded from purchasing more
 title coverage.
Finally, If there is a title issue, consult
 with a real estate attorney as no other
     l t t        f   i     li     lifi d to
 real estate professional is qualified t
 comment on the legal consequences of
 clouded title
6. Real estate attorneys. While is sounds
       serving,           people,
 self -serving for most people purchasing
 real estate is one of the life's most
 significant legal and financial
   g           g

Hiring a real estate agent costs about 3
 to 6 percent of a home's purchase price.
 Secure home financing cost anywhere
 from 1 to 3 percent of the loan amount.
Why people sign a purchase agreement,
 a mortgage loan agreement or sign off
 on warranties, title schedules, insurance
 declarations, or other various third party
              ,                        p y
 legal agreements, without the expertise
 of a real estate attorney, is puzzling.
Real estate transactions are all about
 legal contracts in the end. A loan officer
 is not an attorney. A real estate agent is
 not attorney. A neighbor or cousin, may
             y       g               ,      y
 or may not be an attorney. Don't skimp.
 And when any real estate professionals
 pushes or "encourages" a home buyer to
 forgo legal advice, then that in itself is a
 pretty good sign that a real estate
 attorney is needed. Read more about
 Financial Relief here:

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Description: Real Estate and Finance Attorney David Soble reveals how real estate advisers often put their interests before their clients and how to preserve the integrity of the transaction.