First Time Homebuyers
Pit Falls of Post-Closing Occupancy Agreements
More sellers want to stay in their home after closing, sometimes for weeks or months. In many cases, they want to do it for a fraction of the fair market rent or even for free. Agreeing to their request gives some buyers an edge over the competition in a bidding war, but it comes with risks.
The Post-Closing Occupancy Agreement allows the Seller to remain in the property for a designated period after the Buyer takes ownership of the property. As easy as a post- occupancy agreement sounds, there are serious implications arising out of a Seller requesting to remain in occupancy of residential property after the Seller conveys title to the Buyer.
When the seller continues to live in the home after closing, all the risks lie with the buyer. What could go wrong? Plenty…. How long will the seller stay? How much will they pay, or will they pay at all? Who is responsible for utilities, HOA fees, property taxes, insurance, pool and yard maintenance, et. al.? If they want to extend the lease, is that possible? What if they decide not to move out? What if the property is damaged after the closing? What if they do not pay the bills?
Despite all these potential and very serious problems, there are some things you can do as a buyer to protect yourself if you decide to agree to this arrangement. Of paramount importance is to retain an attorney to review the Purchase Contract before signing and to prepare the lease or post-occupancy terms prior to Closing. Considerations that need to be negotiated with the Seller include but are not limited to….
- Enter a formal lease?
- Security deposit?
- Escrow proceeds from the sale to cover damages, unpaid bills, et. al.?
- Seller secure renters’ insurance.
- Capture the entire rent payment from Sellers proceeds at closing and hold in escrow?
- Require a walk-through of the property in advance of returning the Seller’s proceeds held in escrow?
- Hold back fund in escrow if they fail to vacate the property on the agreed to date?
- Can the lease be extended or terminated early?
- Who will be occupying the property?
Transactional agents will be very casual about post-occupancy agreements and assume that everything will go as planned. Buyers need to assume that things will go wrong and make sure that they are protected once they close on the property. Always us an Exclusive Buyer Agent to ensure that you are represented by a fiduciary.
How To Save On Homeowner’s Insurance
- Roof Shape
- Roof Bracing of Gable End Roof Deck Attachment
- Roof Covering
- Roof-to-Wall Connections
- Secondary Water Resistance
- Doors
- Protection of Openings (windows and other openings)
Using Home Equity To Buy Another Property
- Private money lenders
- Seller financing
- Peer-to-peer lending
- Hard Money Loans
- Personal Loans
Apps To Facilitate Your Move
Buying a home and moving is stressful on many levels. Here are some Apps to make the moving an easier endeavor. Like other productivity apps that can be downloaded on your smartphone, move-planning apps will help you keep everything organized.
Dolly: So you’ve arrived at your new home and realized you don’t have the person-power to haul that bedroom furniture upstairs? No problem! Dolly (free, iOS, Android) connects you with helpful delivery people looking to make a few bucks. These strong-backed guys and gals have no qualms about carrying your furniture to its new resting place in your new home and there’s never any haggling over price.
Flying Ruler: Flying Ruler will help you measure anything in your home. Not sure if that sofa will fit in your new living room? Is it too large to come through the front door? Flying Ruler can help you be sure. This app is a tape measure, ruler, protractor, and a goniometer.
Google Keep: Google Keep (free, iOS, Android) is the ultimate sharable note application. When you’re planning a move you will quickly find yourself making lists … and then making lists of those lists. That’s where Google Keep’s shareable, synced lists and notes come in so incredibly handy. When things get really hectic you can even record voice memos and Google Keep will actually transcribe them into readable text for you to browse later.
Handy: With Handy you can schedule a move-out or move-in cleaning by a vetted and background-checked professional. You can also book handyman services like furniture assembly, TV mounting or picture hanging to help you settle into your new home. Moving assistance is available, too! You’ll leave with your home in better condition than you found it in, and your new place feeling like home right away.
Magicplan: Floor plans are a crucial tool for envisioning your new living space and deciding where to place furniture and home goods. Use Magicplan on your phone or tablet to scan and measure rooms, then compile them using their drag-and-drop interface to create a complete floor plan.
MakeSpace: If you’re downsizing or moving to a home short on storage space, MakeSpace will come in handy. Just book an appointment, and its team of professional movers will come to pick up your stuff and haul it off to storage. When you want your items back, schedule a delivery, and the team will return your goods. MakeSpace will bring complimentary supplies, like bubble wrap and free MakeSpace bins.
Meta ( Facebook) Marketplace: If you’ve ever moved you already know that you eventually get to a point where you’ve packed up all the important stuff and would rather just throw everything else in the garbage than wrap it, box it and haul it. That’s no longer necessary because there are people all over your town who will buy your old stuff and they’re on Facebook Marketplace (free, iOS, Android).
MoveAdvisor: MoveAdvisor is another comprehensive moving app allowing you to take inventory, find movers and establish a moving timeline all in one place. The app itself is free of charge to download and use, but you’ll have to pay for any services you book.
Moved: Designed to be your personal moving concierge, Moved manages the entire moving process for you. The app is a one-stop shop for your move. It will organize your move every step of the way, from finding movers, hiring packers and selling unwanted items, to updating your address and even hiring cleaners and painters. The service also helps you find moving professionals, affordable packing materials, and storage facilities
OfferUp: OfferUp is the largest mobile marketplace in the United States to buy and sell goods locally, and you can do so straight from your phone! Just take photos of the items you’re selling, describe the items and set a price. Buyers can message you through the app and make an offer, then arrange to meet you and retrieve the item.
RideShipper: You’ve got a car, bike, boat, or something else you need shipped? With RideShipper you fill in the free vehicle shipping quote and you get almost instantly up to 4 estimates from reputable shipping companies.
Sortly: Sortly is an inventory app built with small businesses in mind, but also great at cataloging all your beloved items and ensuring that they make it to your new home in one piece. Use your smartphone camera to snap images of items and Sortly automatically catalogs them for you. You can add barcode info for additional details and check off items as you’re unpacking.
TaskRabbit: Need someone to help you move, pack, unpack or help with almost any moving-related task you may need? With Taskrabbit you’re able to state the task you need done and get matched with a freelancer (referred to as “Taskers” on the platform) who can do it for you.
TurboScan: One thing you don’t need to haul along to your new home is piles and piles of papers you’ve let stack up over years of home office neglect. You could scan them with your printer, but that would take forever, so download the TurboScan app (free, iOS, Android) and capture perfect scans of every document in mere seconds.
Unpakt: Moving companies are everywhere, but which one will give you the best rate? Get rid of the stress of searching for the best deal and let Unpakt find it for you. Compare prices between a variety of local and reputable moving companies and even contact the mover of your choice right from the app. Unpakt offers a price guarantee that only changes if you add or remove an item or service.
Florida Closing Cost Primer for Buyers
Closing costs are inevitable when you’re buying or selling a property. While they vary from state to state, the amount you’ll pay in Florida depends on both the property and the county it sits in. As a buyer, you’ll have to cover most of the fees and taxes. In Florida, you’ll also have to post a fee for documentary stamps (or doc stamps), which is a percentage of the sales price. Then there are the taxes. You’ll likely be subject to property and transfer taxes.
Neither party is responsible for 100% of the closing costs in Florida, which includes fees, taxes, insurance costs and more. The buyer typically pays between 3% to 4% of the home loan’s value and is responsible for the bulk of the fees and taxes. The seller usually pays between 5% to 10% of the home’s sale price. Closing costs also vary among counties.
Condos are regulated by the Florida Condominium Act. The legislation lays out your rights to the property and gives you an “undivided interest” in all the common areas of the building. You’ll have to pay a monthly maintenance fee or a yearly homeowners association fee to cover the servicing of those areas that fall under the “undivided interest.” The fee isn’t tax-deductible.
If you are getting a mortgage The fees shown on the Good Faith Estimate can be difficult to understand but can be broken down into five sections.
One-time fees
- Appraisal fee
- Reinspection fee
- Credit application, credit report and credit supplement fees
- Mortgage origination fee
- Lender’s title insurance policy (optional owner’s title insurance)
- Escrow fee
- Home inspection fee (optional)
- Closing attorney fee
- Courier fee
- Bank processing fee
- Recording fee
- Notary fee
- Loan discount points
Recurring fees
- Homeowners insurance
- Property taxes and tax servicing fees
- Mortgage insurance premiums
- Flood certification fee (in some areas)
Appraisal fees
Lenders typically require an appraisal as part of the underwriting process, before financing a home purchase. Appraisals will vary in price depending on the location and size of the property. The lender hires an appraiser to provide the fair market value of the home, and the buyer pays the lender.
Mortgage origination fee
Every lender will charge a mortgage origination fee, which covers their service and administrative costs. The average loan origination fee is 1% of the total loan amount. Buyers should shop for lenders with both experience and low origination fees.
Title insurance policy fees
Lenders typically require borrowers to purchase insurance to protect the financial institution from future title claims. This policy is called lender’s title insurance and the cost depends on the location and size of the property.
Owners title insurance protects the Buyer from future claims against the title. The customary party that pays for the Owners Title Policy varies by County in Florida. In Sarasota,Collier, Miami-Dade and Broward County, the Buyer pays for title insurance and chooses the title company. In all other counties, it is the Seller’s responsibility.
Escrow fees
During the purchase and sale transaction, your funds will enter a holding account managed by a third party — an escrow company. When the transaction is complete, the escrow representative will disperse your down payment, fees, and loan proceeds to the appropriate individuals.
Home inspection fee
A home inspection is a common contingency for a home purchase. As the buyer, you can hire an inspector to evaluate the condition of the home and its systems prior to purchase. Home inspection costs vary depending on the size and age of the property. You will pay the inspector for their service out-of-pocket, and this amount is separate from the purchase and sale transaction.
Attorney Fees
Florida is a Title Theory state and does not require that an attorney be used to close a real estate transaction. Private real estate attorneys, or borrower’s attorneys, are an additional and optional cost for buyers who want a specialist to assist them with contract-related issues or professional advice beyond the scope of their agent’s abilities. Private real estate attorneys charge by the hour or charged a fixed rate for the transaction and rates vary based on their level of expertise and services provided.
Documentation fees
During a financed home purchase, several institutions need to process information and create official records.
- The courier fee allows lenders to send your documents to necessary parties
- The bank processing fee pays the bank for handling the necessary loan documentation.
- The lender uses the recording fee to pay the county to file a public record of the transaction.
Loan discount point fees
When locking your interest rate with your lender, you’re allowed to buy down the rate. To do this, you pay “points” — essentially, paying interest in advance. One point is equal to 1% of the loan; but that does not translate to a 1% drop in interest rate. Not all buyers choose to buy down their interest rate, but when they do, the rates vary by lender.
Homeowners’ insurance
As a stipulation of your financing, you will be required to purchase homeowners’ insurance. You will continue to pay the insurance premium on a yearly or twice-yearly basis directly to your insurer, or monthly via an escrow payment that is part of your monthly mortgage payment to your loan servicer. Homeowners insurance policy fees range based on the amount of coverage and the size of the property.
Property taxes
Your property taxes will be prorated based on your closing date. Some buyers pay their taxes in lump sums annually or biannually. If you don’t pay this way, you might escrow the taxes, which means they would be included as an escrow line item in your monthly mortgage payment to your loan servicer. Property taxes are paid in arrears in Florida.
Mortgage insurance premiums
If your loan amount is more than 20% of the value of the home, you are typically required to pay insurance to protect your lender’s investment. Mortgage insurance is generally escrowed but may vary from lender to lender. Some lenders will also charge a one-time application fee for mortgage insurance.
Flood insurance
Depending on the location of your property, you may also be obligated to purchase flood insurance to help protect your lender’s investment. Flood insurance policies range by risk level, based on location and are a Federal Program and the pricing cannot be competitively shopped for.
What are the closing costs for cash buyers?
Cash buyers are still required to pay for things like notary fees, property taxes, recording fees, and other local, county and state fees. Unlike a buyer who is using financing, cash buyers won’t have to pay any mortgage-related fees. But most cash buyers still opt to pay for things like appraisals, inspections, and owner’s title insurance.
Closing costs can vary depending on where you live in Florida, the type of property you buy and how much it sells for. While the seller forks over some money, the buyer pays for the bulk of the fees and taxes, which typically add up to 2.5% of the average sale price depending on the time of year you close ( proration sensitive).
2022 South Florida Real Estate Projections
Nationally, expect slower housing price appreciation, easing inflation and rising interest rates in 2022, according to a survey of more than 20 top U.S. economic and housing experts by the National Association of Realtors® (NAR). “Overall, survey participants believe we’ll see the housing market and broader economy normalize next year,” Yun said. “Though forecasted to rise 4%, inflation will decelerate after hefty gains in 2021, while home price increases are also expected to ease with an annual appreciation of less than 6%. Slowing price growth will partly be the consequence of interest rate hikes by the Federal Reserve.”
Fed boosts to interest rates do tend to move rates higher on longer-term loans, such as 30-year mortgages. Yun expects the 30-year fixed mortgage rate to increase to 3.5% as the Fed raises interest rates to control inflation but noted this is lower than the pre-pandemic rate of 4%.
In South Florida Home prices are projected to continue to grow, but slower than the past year. “We don’t expect to see the same price appreciation we had last year, though we don’t expect to see a decline in pricing,” said Eli Beracha, director of the Hollo School of Real Estate at Florida International University. A Realtor.com forecast predicts that South Florida housing prices may rise almost 6% over the next year, while a Zillow forecast predicts that home price appreciation could shoot up by 15%.
A few factors are going to cause slower price growth: more inventory as sellers try to capitalize on the hot market, new developments hitting the market and an increase in mortgage interest rates. Demand from foreign and out-of-state buyers will continue to drive South Florida’s housing market, but experts also expect new inventory to alleviate some of the pressure that has been fueling the pandemic-era housing boom.
Experts say the market will still favor sellers, as demand and limited inventory will keep the balance in their favor. Bidding wars and multiple offers on homes will probably still be a common.
The supply chain issues, and lack of labor will continue to lead to increased construction costs and thus higher prices for buyers.
Home Design Trends for 2022
Waning Design Trends:
2022 Design Trends:
What Design Experts are Saying:
“Buyer Beware” of Newly Renovated Homes
- Seller has a spotty memory ….
- Or says things like, “I haven’t lived here long.”
- Offers no real estate disclosure form
- New paint, tile, or flooring here and there
- Read the home inspector’s report carefully, including between the lines when the inspector uses phrases like, “a lot of issues” or “a major issue.” Ask your exclusive buyer agent to prod the sellers for more details. If the inspector couldn’t access certain places, ask why.
- Ask for a disclosure form. Push for more answers to your questions. When a listing agent refuses to provide the standard disclosure form, I put all the questions in the form on an email and make it an Exhibit to the contract. The Seller has a legal obligation to answer questions asked directly.
- Phrases like, “It’s always been that way,” “That’s not a big deal,” or “Show me a house that doesn’t have a problem.” ” It was that way when we bought it”
- Look for signs of irregular maintenance, such as dusty air vents, old filters in the AC system, clogged gutters, and dying grass, just to name a few. Politely but firmly ask for more details, receipts, and documentation about anything the homeowner waves away.
- Ask to turn off the music or remove the scents and return at a later date during the inspection period.
- Request that items be cleared from walls and garage to accommodate the inspector.
- Don’t be rushed though the final walk-through. Is there anything that has deteriorated since the inspection? Anything that was hidden or unobservable?
What is An Appraisal Gap and Appraisal Gap Coverage Clause?
- The appraiser didn’t use appropriate comparable sales, and you have proof of more accurate options
- The appraiser missed features or upgrades in the subject property
- You found mistakes in the report
- The appraiser only conducted a drive-by or exterior appraisal