Settlement
Tips for Sellers
When you have a signed
contract with the buyer for your home, you may feel as if you can breathe a
sigh of relief. While it’s certainly true that you can lighten up on the
perfectionism required to show your home at any moment, as a seller you still need to cooperate with your
buyer, the buyer’s agent and the commitments made in the contract.
In other words, before you
can completely relax you need to get to the settlement table.
Contingencies and Sellers
While the burden is on the
buyer to finalize financing for the home purchase and to obtain homeowners
insurance, some contract contingencies will impact you, too, especially if
you’re living in the home. Most transactions include ahome inspection, so
you’ll need to make your home available to the inspector and then negotiate
with the buyers about anything the inspection turns up according to the terms
of your contract.
Besides the home
inspection, some contracts and some lenders call for a termite inspection and a
radon gas inspection. In each case, you or your listing agent or the buyer’s
agent will need to make the home available for inspection.
Another important step
prior to closing is the appraisal. If
the appraisal comes in higher than the sales price, then the buyers can relax
and be happy that they have purchased a home for less than its market value.
Once the contract has been signed, you as the seller cannot renegotiate the
price higher. However, if the appraisal comes in lower than the sales price,
then the buyer’s lender will limit the loan amount to that lower value. The
buyer may have to come up with additional cash to cover the financing gap or
may ask you to renegotiate the contract. Your REALTOR® can advise you about the
best way to handle this situation, but in any case you and the buyer are also
bound by the contract terms.
Before you go to
settlement, you and your listing agent should go over the contract and make
sure you’re fulfilling all the promises you made in terms of what items will be
conveyed to the buyer and any repairs or improvements you promised to make.
Settlement Date
Buyers and sellers
typically negotiate a settlement date that is mutually agreeable. If you have
sold your home and are not yet ready to move into your next residence, you can
sometimes negotiate a “rent-back” with the buyer that allows you to stay
in the home after the settlement by paying rent to the buyer.
Alternatively, some sellers
allow the buyers to move in before settlement. In either case, it’s crucial to
have a written agreement about who is responsible if something happens to the
house or its contents during the transition period. Generally, you’re
restricted to a maximum rent-back of 60 days because lenders would require the
buyers to finance the home as an investment property if the rental period is
any longer.
Settlement Services
The decision about who
provides settlement (also known as closing or escrow) services varies from one
market to another. In many places, the buyer chooses the settlement
company, but
in others the seller chooses. At the closing, the buyer will provide funds to
buy your home and the settlement agent will review the sales agreement to
determine what payments you’ll receive. The title to the property is
transferred to the buyers and arrangements are made to record that title transfer
with the appropriate local records office.
At a typical closing,
adjustments are made to the final amounts owed by the buyer and you as the
seller. For example, if you’ve been paying your property taxes through an
escrow account, you may be credited extra for prepaid taxes or you may receive
less money at settlement if the property taxes haven’t been paid properly.
Once the settlement papers
are signed and the house keys are transferred, you’re free to move onto your next home.
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