Column: Step Three To Home Ownership
[Written by Freddie Forth & Martha Harris Myron]
Negotiating a contract, whether written or implied, occurs in some form or another in almost every human interaction: wages, purchasing consumer goods, union bargaining, even in human relationships.
It can be set implicitly and clear cut, resolvable in a matter of minutes, as when the price of a grocery item or clothing is too expensive, we negotiate mentally by choosing a cheaper competitive product or it can be more complex in real estate negotiations because each party to the process is human, with different goals, price ranges, and projections of how the final outcome should be realized.
Why this should be hinges on how participants perceive the sale process. Individually, we have to feel that we benefit from the end result; that our goals are met, that it meets our criteria of what we wanted and of course, whether the final price is affordable.
The entire process can be emotionally exhausting for numerous reasons. The longer the process of reaching a mutually acceptable agreement, at times, may make it more difficult to finalize.
The vendor/seller[s] are proud of and love their home and think it is worth X price.
The buyer[s] want to make adjustments that fit their view of home perfection and feel the property is worth Y price.
Little details can become disputes. Personalities and those emotions can override reasoning.
In an earlier career in the US construction industry, I have seen contracts fail over a fridge, the length of kitchen counter, and yes, the uncompromising attitude of one or both parties, e.g. the buyer and seller.
These are not just my random observations!
Experienced professional real estate agents have seen numerous complications over time. Hiccups that can become stand offs; inability to compromise; demands that cannot conceivably be agreed upon; unable to manage the time needed to a committed contract – the deal is not done.
In the role of a neutral trusted negotiator and mediator, a real estate agent, first, eliminates potential personality conflicts [in many cases the two parties never meet]; knows the locality; the environment, can suggest best ways to price a home to sell, or in the buyer’s case, provide information on financing, inspections, the legal contract process, and much more.
The end result: both parties will reach a middle ground, that of a satisfactory closing price agreement.
See the YouTube video here and stay tuned for step four!
- Freddie Forth & Martha Harris Myron
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BUILD IT OR BUY IT .
The hardest decision you will ever make .
Many real estate dealers go about appraising the sale price of a dwelling by making comparisons to other recent sales in the same area, not a good idea, only to find the seller has been douped by the fact that the value of the land has conveniently been excluded .
This only makes the property look good on paper.
You only have to build a house with your own two hands to know the real cost .
You will never push an empty wheel barrow.
We have to leave the bargain hunters , the house flippers and real estate auction bidding foreclosure ,out of it .
In Bermuda we rarely find any two look alike dwellings, constructed from the same plan in the same area , on a similar lot of land, the value of each should be assessed separately by a group of at least three highly skilled experianced realestate appraisers given the facts, who will need to test the waters ,the countries current economy status, availability of financing and neighbourhood desirability.
Take you pick , a mansion near city dump or a cottage in a breatiful garden. !
To add to the dilemma cost cutting Construction and type of building ,its uses , and zoning and other ameanaties conducive to home ownership such as availability of schools and supermarts should be alao taken into consideration.
You have to punch in all the numbers !
The value and price of a condominium is a whole different story .
To put added doubt in people’s minds as to if they have received fair assessment , the cost of brick on brick construction varies, being dependant on archtitectural concept, number of stories ,and type of roof constriction and the reputation of the building contractor, to name a few.
People need to choose their architect and contractor very carefully.
They say that the value of Bermuda real estate will never go down caused by the shortage of land and /or a changing population.
Buy it or build it if you can find a suitable piece of land ,at what cost?
Buyers beware there are some horror buildings out there including the fixer uppers with termites in residence . .
Homes built in so called exclusive ares sends the price through the roof .
Value and price will never be the same.
Measuring tape Land tax evaluations do not assess fair market value only a quick way to accumulate revenue .
Insured values only takes into account of current day replacement costs less land tank and foundation , including demolition cost from fire and/ or wind storm. .
You are not out of the woods, the lack of owner maintenance costs , partially finished houses prices shou;d be accounted .
We all are facing a big problem these day with the un~ avoidable rising cost of construction or is it the people refusing to give up the good life
You may spend the rest of you life looking for an affordable home , as no body works for free.
” Let the buyer beware “
REALESTATE AGENTS
The sale for real estate is covered by an act of the Bermuda Parliament.
That law/ act is refered to as “Evidence in writing”
A real estate agent is required to hold a signed letter of authorization in order to offer spacificate realestate holding on the market on behalf of the real estate owner{s} conditions with resecr to lawyers fees .
All firm dated offers are to be made by prospective purchasers bay signing the sales contract in writing wit suporting whitlesses and further supported by a 10 % negotiable banker check.
Purchaser may request in the agreement minor work to be performed if any , however some buildings are sold a a fixer upper others partially completed with notice give as it remains as is and as seen wiith no warrantee implied .
Real estate sale are subject too ‘as seen’ and as found and subject to buyers inspection, buyer may retain the services of a builfding surveyor for their account. some surveyors make it known by excluding roof inspection
I have chosen to with hold my oppinion with respect to death of any or all the parties concerned with the tranaction .
Furnishing , including vehicles and appliances are not realestate , howeve, some real estate is offered as all inclusive .
Therefore are sold under a separate treaty or contract at an agreed price ocasionaly , Lawyers usual make the respective reasonable apportionment .
The seller shall not remove any ftting an fixtures other than personal as all being attached during or before completion of the sale and from inception .
The Buyers offer should not contain any negative time wasting conditions to void the contract such as ” subject to financing” .
In the event of either or both parties sickness or accident they haver the righ to retain power of atourneys documentation wll be required . .
PURCHASERS DEPOSITS
The agent will deposit moneys paid in a interest bearing account held in escrow in the name of the owner{s}
OFFER AND ACCEPTANCE
Folowing the written acceptance of the listed price offered or agred sale price or subsequent offer to the owner{s} the title deed are to be delivered to ‘ the buyer choice of lawyer’ for preparation or tital conveyance and mortgage documentation togather with5 % of the agreed price.
A formal legally drawn sales agreement showing a sale completion date usualy in 30 days will be presented to the buyer copy to be retained by buyers lawyer subect to the sellers acceptance again in writing.
That written authorization is required and given to the chosen realestate agent will show the exact gross price which the real estate is to be put on the the market.
Other instruction and details including a formal lot plan showing the land measurements and right of way to the land
An official on sight land survey is required showing al boundary red wood and metal stakes markes
The agent is not entitle to drawn down on the remaining 5% being the agreed standard commision for sevices until final completionof the sale. as there may be complication.
on the agent is required to pay over the interest accrued on the buyers deposit to the buyer.
responsibility for Legal costs will be noted in the sales agreement.
The cost of the mortgage is for the account of the buyer only.
Says agent as being retained by the seller are responsible to the seller and no other than who pays their commission
A sales agent retains the buyer as customer by crossing the threshold of the dwelling or accompaning the buyer over one of the vacant an on to land boundaries .
Realestate agents by name and identification offering realestate for sale must be in possesion and a graduate of a government real estate agents license exam .
Sellers would be well advised to retain the services of a professional realestate appraiser to determine current day market value. folowing which the sell shall set the price .
Keep the friends family and 90 day wonders out of it .
The comments mare above arein good faith areas the oppinions if the writer who is not a layer and offered for and as information only , therefore not responsible for errors and or omissions.
“The entire process can be emotionally exhausting for numerous reasons.”
It shouldn’t be. If people find the process of following through on their dream to buy a home emotionally exhausting something is going wrong and they should find a new lawyer to assist them with the process.
Keep friends and extended* family and 90 day wonders out of it. ( *as amended )
Never seen or heard of either parties to a realestate sale have need to become emotionally exhausted .
Never seen or heard of a buyer or seller have need to change their lawyers .
The “Evidence in Writing” law / act was designed to prevent transactions from going wrong.
( I have need to get rid of my computer as the grammer and spell check program is going wrong .)
GOING WRONG
IT SHOULD NEVER GET THIS FAR !.
Sellers have lost track of the title deeds !
Seller have to produce documentation of clear title of intended sale.
Try searching key holders activities of every Bank.
Safe deposit boxes vaults.
Bank mortgage departments vaults.
Request, in writing to family lawyers to search their title document holdings including family wills.
Do you have a squatter residing on the documents in the family home .
The seller does not own the property.
Property subject to illegal development found by. D.AB.
Legal owner(s) died in testate. ( no wills )
Will forgery.
Three monkeys Hear no evil . speak no evil .See no evil . So look under the kitchen sink some body is hiding something.
Other people presume ownership and hiding deeds.
Three or more Divorces.
BELCo Pole or pillar on top of boundary marker.
Government department holding deeds if road side property.
Owner left the island.
Deeds went in the coffin.
Deeds went in the fire.
Some body burned the repaid mortgage document
Title deed under or in the mattress.
Title deeds in the home family vault combination numbers or key burried in the garden.
Family squatting claiming ownership by hiding deeds.
Buyers Lawyer or land surveyors may need deeds for / to boundary serch neighbour title documents also.
Be care full what you ask for ,no body works for free .
Some document could be held by lawyers or others being subject to settlement of accounts for services rendered .
DID YOU KNOW !
THE PAPER TRAIL.
All title documents exchange beween authorised parties are subject to the listing and provision of a fully detailed receipt in duplicate.
THE QUEST FOR KNOWLEDGE
To Day I want to address our young peoples future.
My Father told me. ” If I wanted you to know I would have told you”.
As you can see I have never forgot from many years ago this comment and never will ,coming from man with great wisdom was a downer.
Unfortunately to day learning costs alot of money to provide public school education.
The people of this country are paying for it just for you our young people.
I hope that will take advantage of this precious opportunity so freely given with the promise that all of you will go on to bigger and great things .
First you have to get one foot on the ladder.
Reputition is the key!
” Flip Flopping ” from one school to another is one way to break the strongest link in the chain of success.
For some learning is not easy as we all fall into diferent categories .
You have to know which one fits you .
My brain spins at a million miles sper minute and sort of like a camera with hardly time to sleep, it is visual I live and think in the moment with dreams of the future.
A horible feeling would be to look back into past whishing I could have made the effort .
Did you know that we are all designed young and old to forget things.
Prove me wrong. !
Here is a thought , create a four person coalition round a table call it the “think squad ” all male or all females study group you all become super computer from your class and share your thoughts on todays subjects.
Diversions and distraction can destroy a persons future try not to fall in to that trap.