When
Do I Finally Get the Keys to My New House?
It might be the most
nerve-wracking, anticipatory, hard-to-find-the-patience question of home buying
for first timers:
“When do I finally get
the keys to my new house?”
Usually, a buyer takes
possession of a new home after closing. But exactly how that is defined
differs transaction to transaction.
In some states, this
occurs when the local government has the new title on file, which could be
a few days after you’ve signed all the papers. And other contingencies can be
built into the negotiating process.
Get the Keys Before
Closing
New buyers might want
to move in before
closing for a variety of reasons—because they sold their old place, because
they want to get a jump on fixing up the new house, or because in a buyer’s
market, they may ask themselves, “Why not?”
But moving in early
presents a host of issues. First, there’s legal liability—what if the
soon-to-be-owners do something to the house, or hurt themselves while in the
new place? Who’s responsible for damage to property or person?
Then there’s the money
angle—the old homeowners could ask for rent, since they still own the place,
which the almost-owners might not be keen on paying.
And of course, there’s
always the risk that for some reason the sale falls apart in
the final hours, especially with all the various deals, parties and paperwork
involved in home buying. And what if the new occupants refuse to move?
This type of possession
can work, especially if the seller has already vacated the property. Just make
sure to get any agreement in writing, in case anything sours.
Get the Keys
At or After Closing
This is more typical.
But exactly when closing occurs varies. It’s not always at the signing of the
papers, no matter how exhaustive that process.
As mentioned above,
you may have to wait until the county officially records the new title. Your
REALTOR® should know local laws and be able to guide you through this
process. This way, there’s a clear delineation between the previous owner and
their responsibility and liability for the home, and the new owner’s.
The biggest surprise
to many homeowners can be how long it takes the county to record the title. It
could be a few days after signing—so while you just handed over large sums and
signed hours worth of paperwork, the keys may not officially be yours for a few
more days.
Again, talk to your
REALTOR® about your local rules.
Renting Back
If you’re selling,
organizing a move can be a challenge.
Not only do you need to pack, butbooking movers during a busy summer
season or around a holiday can prove tough.
And if you’re selling
your current home and buying a new one in quick succession, you’ve got a lot to
coordinate. Some buyers will agree to rent-back agreements,
where they will rent the home back to the seller for a few days after
closing. Divide the mortgage and costs by 30 (or 31), and that’s usually the
amount you’ll pay per day to rent the home back.
Buyers don’t have to
do this, of course, and they may have their own reasons for wanting to take the
keys ASAP. They might have someone moving in to their old place. Maybe they are
moving from out-of-town straight to the new house, so a rent-back means they’d
have to find their own shelter for a few days.
Or maybe they just
want to get a jump on painting and shampooing the carpet—their
right as the owners. So while renting can be an option, it’s not always
possible.
And the sellers can
rent to the buyers as well. If the buyers want an early possession, a rental
agreement is certainly in the rights of the soon-to-be-former homeowners, and
often happens on similar terms as rental agreements after closing, at daily
rates based on monthly mortgage costs.
Delays
Most loans close in a
timely manner, but be prepared for closing delays.
First, there’s the
radical delay—don’t expect your South Florida closing date to hold if, say,
there’s a hurricane churning up the coast. That’s an unlikely scenario but not
an unheard-of one.
More typically, the
closing delay stems from more benign paperwork and human
error. An active market when a high amount of home transfer activity translates
into higher amounts of paperwork for banks and county deed recorders’ offices.
From the loan
standpoint, delays occur when the bank requires some type of loan condition,
such as additional credit references, additional paperwork to show income, or a
higher escrow amount. A mortgage underwriter,
upon reviewing the particulars of the closing, may want more information.
Some paperwork glitch
might delay money transfers until late in the day, and then the funds won’t be
available until the next morning, notes REALTOR® Jonathan Osman in
hisCharlotte, NC, area
blog.
His tips: Always
schedule closings for mornings, never close on Fridays, and plan movers for the
day after you plan to get the keys. That way you leave yourself some wiggle
room.
For all, patience
rules. Many veteran homebuyers have last-minute home buying paperwork
frustrations to share. But ultimately, their trials ended with that most prized
possession—getting the keys.
Updated from an
earlier version by Philip Commins.
No comments:
Post a Comment